NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Australian Lifestyle Corporation Pty Ltd v Wingecarribee Shire Council (No.2) [2008] NSWLEC 132
APPLICANT PARTIES : Australian Lifestyle Corporation Pty Ltd RESPONDENT Wingecarribee Shire Council
FILE NUMBER(S) : 11163 of 2007
CORAM: Sheahan J
KEY ISSUES: Bias :- apprehension of bias; disqualification
Antoun v The Queen (2006) 80 ALJR 497 City of Canada Bay Council v Bonaccorso Pty Ltd (No.2) [2007] NSWCA 368 CASES CITED: Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337 Minister for Immigration & Multicultural Affairs v Jia Legeng (2001) 205 CLR 507 Smits v Roach (2006) 227 CLR 423 Webb v The Queen (1994) 181 CLR 41
DATES OF HEARING: 31 March 2008-3 April 2008
EX TEMPORE JUDGMENT DATE : 3 April 2008
APPLICANT Mr A Galasso SC SOLICITORS Malleson Stephen Jaques LEGAL REPRESENTATIVES: RESPONDENT Mr M Craig QC SOLICITORS B. Bilinsky & Co
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Sheahan J
3 April 2008
11163 of 2007 Australian Lifestyle Corporation Pty Ltd v Wingecarribee Shire Council (No.2)
EXTEMPORE JUDGMENT
1 His Honour: I have been asked by the Applicant to disqualify or "recuse" myself from further hearing this appeal, which commenced with an on-site visit last Monday.
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