NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Millerview Constructions Pty Ltd v Eurobodalla Shire Council [2000] NSWLEC 12 APPELLANT: Millerview Constructions Pty Ltd PARTIES : RESPONDENT: Eurobodalla Shire Council FILE NUMBER(S) : 10269 of 1998 and 10370 of 1999 CORAM: Talbot J Bias - Section 56A Appeal :- KEY ISSUES: Bias:- apprehension of prejudgment by Commissioner Section 56A Appeal: - failure of Commissioner to disqualify on ground of bias LEGISLATION CITED: Land and Environment Court Act 1979 s 56A Environmental Planning and Assessment Act 1979 Helljay Investments Pty Ltd v Deputy Commissioner of Taxation (Cth) [1999] HCA 56; (1999) 74 ALJR 68; CASES CITED: R v Commonwealth Concilation and Arbitration Commission; Ex parte Angliss Group (1969) 122 CLR 546; Richmond River Broadcasters Pty Ltd and Anor v Australian Broadcasting Tribunal and Ors (1992) 106 ALR 671; Kaycliff Pty Ltd v Australian Broadcasting Tribunal (1989) 90 ALR 310 DATES OF HEARING: 27//01/2000 DATE OF JUDGMENT: 01/31/2000
APPELLANT: Mr P Clay (Barrister) SOLICITORS: Selby Anderson
LEGAL REPRESENTATIVES: RESPONDENT: Mr A Bradbury (Solicitor) SOLICITORS: Deacons Graham James
JUDGMENT: IN THE LAND AND Matter No. 10269 of 1998 ENVIRONMENT COURT 10730 of 1998 OF NEW SOUTH WALES Coram: Talbot J Decision Date: 31 January 2000
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