Environment Protection Authority v Mouawad (also known as Isaac) [2023] NSWLEC 30

Land and Environment Court New South Wales

Medium Neutral Citation: Environment Protection Authority v Mouawad (also known as Isaac) [2023] NSWLEC 30 Hearing dates: 17 March 2023 Date of orders: 22 March 2023 Decision date: 22 March 2023 Jurisdiction: Class 5 Before: Pain J Decision: I disqualify myself from participating further in these three proceedings the subject of the Prosecutor's notices of motion dated 14 March 2023. Catchwords: PROSECUTION - apprehension of bias - application to trial judge to disqualify herself on grounds of apprehended bias – prior adverse credit finding made against defendant in unrelated proceedings -sentencing of defendant in light of criminal history undertaken - order for disqualification made Legislation Cited: Crimes Act 1900 (NSW), s 192E Protection of the Environment Operations Act 1997 (NSW), ss 142A, 143, 144, 144AA Cases Cited: British American Tobacco (2011) 242 CLR 283 Ebner v The Official Trustee in Bankruptcy (2000) 205 CLR 337; [2000] HCA 63 Environment Protection Authority v Mouawad (No 2); Environment Protection Authority v Aussie Earthmovers Pty Ltd (No 3) [2020] NSWLEC 166 Environment Protection Authority v Mouawad (No 3) [2021] NSWLEC 16 Hills Shire Council v Mouawad (2014) 203 LGERA 233; [2014] NSWLEC 59 Michael Wilson & Partners Limited v Nicholls (2011) 86 ALJR 14; [2011] HCA 48 R v El-Zeyet [2012] NSWSC 340 Category: Procedural rulings Parties: Environment Protection Authority (Prosecutor) Paul Mouawad (Defendant) Representation: Counsel: N Sharp SC (Prosecutor) N/A (Defendant)