FNN v Cumberland City Council [2022] NSWCATAD 169

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FNN v Cumberland City Council [2022] NSWCATAD 169 Hearing dates: 9 and 10 February 2022, 14 March 2022 Date of orders: 25 May 2022 Decision date: 25 May 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: H J Dixon SC, Senior Member Decision: The application by the Applicant dated 28 February 2022 for the recusal of the presiding member is refused and the application is dismissed. Catchwords: ADMINISTRATIVE LAW - Procedure – application for disqualification – bias – perceived bias Legislation Cited: Civil and Administrative Tribunal Act 2013; Interpretation Act 1987; Privacy and Personal Information Protection Act 1998; Workers' Inquiry Management and Workers' Compensation Act (NSW) 1998 Cases Cited: Ebner v Official Trustee in Bankruptcy [2000] HCA 63; 205 CLR 337; Department of Education and Training v GA (No 3) [2004] NSWADTAP 50; Department of Education and Training v ZR (No 2) [2009] NSWADTAP 44; Gaudie v Local Court of New South Wales & Anor [2013] NSWSC 1425; OD v Department of Education and Training (GD) [2005] NSWADTAP 74; Polsen v Harrison [2021] NSWCA 23; Reid v Commercial Club (Albury) Ltd [2014] NSWCA 98 Category: Procedural rulings Parties: FNN (Applicant) Cumberland City Council (Respondent) Representation: FNN Applicant (Self-represented) General Counsel, Cumberland City Council (Respondent) File Number(s): 2021/00185000 Publication restriction: Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 the publication or broadcast of the name of the Applicant in these proceedings is prohibited.