NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Director-General, Department of Environment and Climate Change v Jack & Bill Issa Pty Ltd [2009] NSWLEC 228
PROSECUTOR: Director-General, Department of Environment and Climate Change PARTIES : DEFENDANT: Jack & Bill Issa Pty Ltd
FILE NUMBER(S) : 50030 of 2009
CORAM: Biscoe J
PROSECUTION :- defendant's application for trial judge to disqualify himself on ground of apprehended bias where judge previously sentenced a director of defendant company who had pleaded guilty to the same offence. KEY ISSUES: BIAS:- ground of apprehended bias where judge previously sentenced a director of defendant company who had pleaded guilty to the same offence.
LEGISLATION CITED: Native Vegetation Act 2003, ss 12(1), 45(1)
Abraham as Tutor for Abraham v St Marks Orthodox Coptic College (No 4) [2008] NSWSC 1031 Addenbrooke Pty Limited v Woollahra Municipal Council [2009] NSWLEC 95 CASES CITED: Australian National Industries Ltd v Spedley Securities Limited (in liq) (1992) 26 NSWLR 4 Ebner v Official Trustee in Bankruptcy [2000 ] HCA 63, (2000) 205 CLR 337 Johnson v Johnson [2000] HCA 48, (2000) 201 CLR 488 Michael Wilson & Partners Ltd v Robert Colin Nicholls [2009] NSWSC 505
DATES OF HEARING: 15 December 2009
EX TEMPORE JUDGMENT DATE : 15 December 2009
PROSECUTOR: Mr T Howard SOLICITORS Department of Environment, Climate Change and Water LEGAL REPRESENTATIVES: DEFENDANT: Mr B Vasic SOLICITORS Agostino & Co
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