Simmons v New South Wales Trustee and Guardian

In *Simmons v New South Wales Trustee and Guardian*, the applicant sought the disqualification of Barrett JA from participating in the hearing of an application for leave to appeal. The dispute concerned the applicant's assertion that the judge should recuse himself from the proceedings.

The central legal issue before the Court was whether there were grounds for the recusal of Barrett JA. This required an examination of the principles governing judicial impartiality and the circumstances in which a judge might be perceived as having a conflict of interest or a predisposition that would prevent a fair hearing.

Barrett JA, in his reasons, declined to disqualify himself. His Honour applied the established legal principles concerning recusal, which require a judge to recuse themselves only where there is a real possibility that they are biased or that the appearance of bias exists. His Honour found that no such circumstances were present in this matter, and therefore, he would participate in the hearing. The Court made no further orders regarding the recusal application itself, other than the judge's determination not to recuse himself.