BONFOAL PTY LIMITED v. BOTANY BAY CITY COUNCIL [1998] NSWLEC 282 (11 November 1998) [1998] NSWLEC 33

Land and Environment Court of New South Wales

CITATION : BONFOAL PTY LIMITED v. BOTANY BAY CITY COUNCIL [1998] NSWLEC 282 (11 November 1998) [1998] NSWLEC 33 PARTIES : BONFOAL PTY LIMITED v. BOTANY BAY CITY COUNCIL [1998] NSWLEC 282 (11 November 1998) FILE NUMBER(S) : 10417 of 1998 CORAM: Cowdroy J KEY ISSUES: :- LEGISLATION CITED: Evidence Act, 1995 Berk v Woollahra Municipal Council (1992) 76 LGRA 138 ; in Cacalot Pty Limited v Sydney City Council (1996) 90 LGERA 424 ; The Queen v Watson; Ex parte Armstrong (1976) 136 CLR 248; in Livesey v The New South Wales Bar Association (1983) 151 CLR 288; Vakauta v Kelly (1989) 167 CLR 568; CASES CITED: Laws v Australian Broadcasting Tribunal (1990) 170 CLR 70; Webb v The Queen (1993-1994) 181 CLR 41; Goktas v Government Insurance Office of New South Wales (1993) 31 NSWLR 684; Webb v The Queen (supra) at p 47; R. v Sussex Justices; Ex parte McCarthy, [1924] 1 K.B. 256; Berk v Woollahra Municipal Council ; in Cacalot Pty Limited v Sydney City Council DATES OF HEARING: 10 November 1998 DATE OF JUDGMENT: 11/11/1998

Mr D Wilson Barrister LEGAL REPRESENTATIVES: Mr T O'Connor Solicitor

JUDGMENT: Background Facts

1. Orders were made this morning in these proceedings and I agreed to provide reasons later to-day. I now do so. The orders which I made are set in the final paragraphs of this judgment.

2. This is an application for the disqualification of Assessor Bly and Assessor Murrell ("the assessors") from further hearing Class 1 proceedings. The proceedings arise out of the refusal by Botany Bay City Council ("the Council") to grant approval to a development application lodged by Bonfoal Pty Limited ("the Applicant") in respect of a proposed concrete batching plant at premises located in Coward Street, Mascot ("the site"). The application for disqualification arises out of alleged perceived bias or alternatively denial of procedural fairness.