NSW Caselaw
New South Wales Court of Appeal
CITATION: City of Canada Bay Council v Bonaccorso Pty Ltd (No 2) [2007] NSWCA 368
HEARING DATE(S): 26 September 2007
JUDGMENT DATE: 14 December 2007
JUDGMENT OF: Tobias JA at 1
DECISION: Tobias JA declines to recuse himself from the hearing of the appeal
CATCHWORDS: COURTS AND JUDGES – Judges - Application to Recuse for Apprehended Bias – Where Judge had given advice in matter to one party while still a barrister some years earlier – Where nature of proceedings had changed in intervening period such that issues before judge were different from issues before him as a barrister
LEGISLATION CITED: N/A
City of Canada Bay Council v F & D Bonaccorso Pty Ltd & Ors [2007] NSWCA 351 Ebner v Official Trustee in Bankruptcy [2000] HCA 63; (2000) 205 CLR 337 Livesey v New South Wales Bar Association (1983) 151 CLR 288 CASES CITED: The Minister for Immigration and Multicultural Affairs v Jia Legeng [2001] HCA 17; (2001) 205 CLR 507 Smits v Roach [2006] HCA 36; (2006) 227 CLR 423 Smits v Roach [2004] NSWCA 233; (2004) 60 NSWLR 711 Webb v The Queen (1994) 181 CLR 41
City of Canada Bay Council F&D Bonaccorso Pty Ltd PARTIES: Arinson Pty Ltd Omaya Holdings Pty Ltd Omaya Investments Pty Ltd The Registrar-General
FILE NUMBER(S): CA 40263/07
A: J Griffiths SC / S J Free COUNSEL: 1R: B Coles QC / J Doyle 3&4R: J A Ayling SC / M Sahade 5R: P Walsh
A: Maddocks Lawyers, Sydney SOLICITORS: 1R: Thomson Playford, Sydney 3&4R: DLA Phillips Fox, Sydney 5R: Department of Lands, Sydney
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