NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Willoughby City Council v Finlay [2010] NSWLEC 184
PROSECUTOR: Willoughby City Council PARTIES : DEFENDANT: Catherine Marjorie Finlay
FILE NUMBER(S) : 50019 of 2010
CORAM: Biscoe J
KEY ISSUES: BIAS :- application at sentencing hearing that judge disqualify himself on ground of apprehended bias - findings of fact and credibility made by judge in earlier companion case favourable to the principal of defendant in that case to be called as prosecution witness in present case and to be contested by defendant in present case - application granted - desirability of giving notice of recusal application as soon as possible so that, if successful, the case may be heard forthwith by another judge - desirability of companion sentencing hearings being heard together, with evidence in one evidence in the other, where there are likely to be evidentiary contests between defendants.
Director General Department of Environment and Climate Change v Jack and Bill Issa Pty Ltd [2009] NSWLEC 228 CASES CITED: Nicholls v Michael Wilson and Partners Ltd [2010] NSWCA 222 Willoughby City Council v BCPD Pty Ltd [2010] NSWLEC 163
DATES OF HEARING: 24 September 2010
EX TEMPORE JUDGMENT DATE : 24 September 2010
PROSECUTOR: Mr T Howard, barrister SOLICITORS: Mallesons Stephen Jacques LEGAL REPRESENTATIVES: DEFENDANT: Mr M Arch SOLICITORS: Concordia Pacific
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