Bankstown City Council v Attalah & Anor [2000] NSWLEC 105

Land and Environment Court of New South Wales

CITATION : Bankstown City Council v Attalah & Anor [2000] NSWLEC 105 APPLICANT Bankstown City Council PARTIES : RESPONDENT Attalah & Anor FILE NUMBER(S) : 40107A of 1998 CORAM: Cowdroy J KEY ISSUES: Orders :- Disqualification - bias LEGISLATION CITED: CASES CITED: Laws v Australian Broadcasting Tribunal (1990) 170 CLR 70 DATES OF HEARING: 28/4/00 EX TEMPORE 04/28/2000 JUDGMENT DATE :

APPLICANT Mr D Wilson (Barrister)

SOLICITORS Marsdens Solicitors LEGAL REPRESENTATIVES: FIRST & SECOND RESPONDENTS Mr W Hodgekiss (Barrister)

SOLICITORS (FIRST & SECOND RESPONDENTS) Westside Lawyers

JUDGMENT:

IN THE LAND AND MATTER No. 40107A of 1998 ENVIRONMENT COURT CORAM: Cowdroy J OF NEW SOUTH WALES DECISION DATE: 28 April 2000

Bankstown City Council Applicant v Joseph Attallah First Respondent &

Jacqueline Walsh Second Respondent JUDGMENT

1. In this matter counsel for the respondents, Mr Hodgekiss has requested that I disqualify myself from hearing the proceedings before the Court today on the ground that as an Acting Judge I determined the proceedings from which the order dated 25 September 2000 was made.

2. Having considered in detail the judgment which was given on 25 September 1998, it is very apparent that there were no real issues in contest. There was no question of determination of credit. The only issue was whether the Court should exercise its discretion to extend time in which to permit the illegal activity to be continued. Arising out of that matter it seems that there was no question upon which any adverse findings of credit or otherwise was made against either of the respondents in those proceedings.