Lu v Walding [2020] NSWLEC 94

Land and Environment Court New South Wales

Medium Neutral Citation: Lu v Walding [2020] NSWLEC 94 Hearing dates: 17 July 2020 Date of orders: 17 July 2020 Decision date: 17 July 2020 Jurisdiction: Class 4 Before: Pepper J Decision: Application for recusal on the ground of a reasonable apprehension of bias upheld. Catchwords: BIAS: application by first and second respondents for judge to recuse herself on the grounds of apprehended bias – association between trial judge and expert witness for the applicant – expert witness the spouse of the trial judge's former longstanding associate – trial judge met the expert as a consequence of that employment relationship – trial judge in contact with former associate – application upheld. Legislation Cited: Environmental Planning and Assessment Act 1979 s 79C(1) (s 4.15(1)) Cases Cited: British American Tobacco Australia Services Limited v Laurie [2011] HCA 2; (2011) 242 CLR 283 CNY17 v Minister for Immigration and Border Protection [2019] HCA 50; (2019) 94 ALJR 140 Ibester v Knox City Council [2015] HCA 20; (2015) 255 CLR 135 Johnson v Johnson [2000] HCA 48; (2000) 201 CLR 488 Webb v The Queen [1994] HCA 30; (1994) 181 CLR 41 Category: Principal judgment Parties: Lin Lu (First Applicant) Frederick Woo (Second Applicant) Adrian Walding (First Respondent) Alexandra Walding (Second Respondent) Northern Beaches Council (Third Respondent) Representation: Counsel: Mr N Eastman (First and Second Applicants) Mr T Hale SC (First and Second Respondents) N/A (Third Respondent - submitting appearance)