Polsen v Harrison [2021] NSWCA 23 (03 March 2021) (Bell P; Basten JA; Simpson AJA)


Catchwords:


COURTS AND JUDGES – bias – application for recusal – application declined – judge commented on role of plaintiff’s expert at conclave – comments made during preliminary discussion as to amended pleading – whether a fair-minded lay observer might think judge might have pre-judged credibility of witness

APPEALS – jurisdiction – appeal from “judgment or order” – refusal of a recusal application – application for disqualification made orally without notice of motion – whether refusal was a “judgment or order

WORDS AND PHRASES — “judgment or order” – “fair-minded lay observer”