NSW Caselaw
New South Wales Court of Appeal
CITATION: Slavin v Owners Corporation Strata Plan 16857 [2006] NSWCA 71
HEARING DATE(S): 21 March 2006
JUDGMENT DATE: 7 April 2006
JUDGMENT OF: Giles JA at 1; Bryson JA at 43; Basten JA at 47
DECISION: (1) Grant leave to appeal in relation to disqualification by reasonable apprehension of bias and direct the filing of a notice of appeal within seven days; otherwise refuse leave to appeal; (2) Appeal dismissed; (3) Claimant/appellant pay opponent/respondent's costs.
CATCHWORDS: Disqualification for apprehended bias - test that fair-minded lay observer might reasonably apprehend the judge might not bring impartial mind to decision - observations which in isolation expressed views on credibility without opportunity for submissions - hypothetical observer is informed, and does not look at matters in isolation - taking into account circumstances in which observations made and totality of what judge said, test not satisfied. D
LEGISLATION CITED: Strata Schemes Management Act 1996
Antoun v The Queen [2006] HCA 2; Carolan v AMF Bowling Pty Ltd (CA, 16 November 1995, unreported); CASES CITED: Ebner v Official Trustee in Bankruptcy (2001) 205 CLR 337; Re JLR: Ex CJL (1986) 161 CLR 342; Ridis v Strata Plan 10308 [2005] NSWCA 246; Vakauta v Kelly (1989) 167 CLR 568.
PARTIES: Sara Slavin - Appellant Owners Corporation Strata Plan 16857 - Respondent
FILE NUMBER(S): CA 40556/05
COUNSEL: T E F Hughes QC & M B J Lee - Appellant I G Harrrison SC & J Stewart - Respondent
SOLICITORS: Harris Friedman Hyde Page - Appellant McCulloch & Buggy - Respondent
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