Murlan Consulting Pty Limited v Ku-ring-gai Council and Others (No 4) [2010] NSWLEC 95

Land and Environment Court of New South Wales

CITATION : Murlan Consulting Pty Limited v Ku-ring-gai Council and Others (No 4) [2010] NSWLEC 95

APPLICANT Murlan Consulting Pty Limited FIRST RESPONDENT PARTIES : Ku-ring-gai Council SECOND RESPONDENT John Williams Neighbourhood Group Inc INTERVENOR Attorney General of New South Wales

FILE NUMBER(S) : 11193 of 2006

CORAM: Pain J

PRACTICE AND PROCEDURE :- remitter from Court of Appeal in Court's original jurisdiction pursuant to r 36.15 of the Uniform Civil Procedure Rules 2005

BIAS:- proceedings remitted from Court of Appeal requiring application of broader test of whether apprehension of bias in relation to acting commissioner - application of Ebner test - appropriate level of knowledge of fair-minded observer - whether nature, duration, intensity or proximity of relationship would cause a fair minded observer to consider that apprehension of bias might arise - proximity of relationship at time of class 1 proceedings relevant to finding of apprehension of bias KEY ISSUES: COSTS:- whether council should pay costs of original hearing in light of successful appeal

COSTS:- costs in remitted proceedings - whether Attorney as intervenor pursuant to s 64(2) of the Land and Environment Cout Act 1979 is liable for costs as remitted motion was successful

Civil Procedure Act 2005 s 98 Environmental Planning and Assessment Act 1979 s 97 Judiciary Act 1903 (Cth) s 78A(2) LEGISLATION CITED: Land and Environment Court Act 1979 s 14(1), 56A, 57(2), 64(2) Land and Environment Court Rules 2007 r 3.7 Uniform Civil Procedure Rule 2005 r 36.15(1), 42.1 Workplace Relations Act 1996 (Cth) s 471