Mike George Planning Pty Limited v Woollahra Municipal Council [2013] NSWLEC 97

Land and Environment Court New South Wales

Medium Neutral Citation: Mike George Planning Pty Limited v Woollahra Municipal Council [2013] NSWLEC 97 Hearing dates: 14 June 2013 Decision date: 14 June 2013 Jurisdiction: Class 1 Before: Preston CJ Decision: (1) I recuse myself from the further hearing of this appeal. (2) I give leave to the parties to approach the Registrar forthwith to obtain a new hearing date. Catchwords: APPEAL - appeal against Commissioner's decision on questions of law - application for recusal of judge on the basis of apprehended bias - whether there was a matter that could be said to lead judge to decide matter other than on its legal and factual merits - whether there was a connection between any such matter and the feared deviation from the course of deciding the matter other than on its legal and factual merits - judge had previously determined different proceedings between the same parties - judge previously inspected site subject to current proceedings and accepted evidence of applicant's neighbours that was adverse to applicant's case - no logical connection between these matters and questions of law raised on appeal - Council submitted that if errors of law found, there was no utility in remitting matter to Commissioner because of findings on merit issues - logical connection found between matters raised by applicant and question of remittal -fair-minded lay observer might reasonably apprehend that judge might not bring an impartial and unprejudiced mind to question of remittal - judge recuses himself Legislation Cited: Land and Environment Court Act 1979 s 56A Environmental Planning and Assessment Act 1979 s 97 Cases Cited: Ebner v Official Trustee in Bankruptcy [2000] HCA 63; (2000) 205 CLR 337 Category: Principal judgment Parties: Mike George Planning Pty Limited (Applicant) Woollahra Municipal Council (Respondent) Representation: Mr M V Sahade (Barrister) (Applicant) Mr P R Rigg (Solicitor) (Respondent) Oliveri Solicitors (Applicant) Norton Rose Fulbright (Respondent) File Number(s): 10005 of 2013 Publication restriction: No