NSW Caselaw
New South Wales Court of Appeal
CITATION: Law Society of NSW v Doherty [2010] NSWCA 173
HEARING DATE(S): 14 July 2010
JUDGMENT DATE: 27 July 2010
JUDGMENT OF: Tobias JA at 1
DECISION: Justice Tobias declines to recuse himself from the further hearing of the appeal.
CATCHWORDS: PROCEDURE – Judges – Disqualification for apprehended prejudgment – Whether a fair-minded lay observer might reasonably apprehend that the judge might not bring an impartial and unprejudiced mind to the resolution of the issues on the appeal – Application for judge to disqualify self refused
LEGISLATION CITED: Civil Procedure Act 2005 Legal Profession Act 2004
CATEGORY: Procedural and other rulings
Ebner v Official Trustee [2000] HCA 63; (2001) 205 CLR 337 Kaycliff Pty Ltd v Australian Broadcasting Tribunal (1989) 90 ALR 310 Livesey v New South Wales Bar Association (1983) 151 CLR 288 CASES CITED: Reg. v Commonwealth Conciliation and Arbitration Commission; Ex parte Angliss Group (1969) 122 CLR 546 The Council of the Law Society of New South Wales v Doherty [2009] NSWADT 155 The Council of the Law Society of New South Wales v Doherty (No 2) [2009] NSWADT 296 The Queen v Watson; Ex parte Armstrong (1976) 136 CLR 248 Vakauta v Kelly (1989) 167 CLR 568
PARTIES: The Council of the Law Society of New South Wales Peter John Doherty
FILE NUMBER(S): CA 2009/324937
COUNSEL: A: G Lindsay SC / S Barnes R: J Ireland QC / D Mihalic
SOLICITORS: A: R J Collins, Sydney R: P J Doherty
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