NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Hunter's Hill Council v Cavasinni [2017] NSWLEC 28 Hearing dates: 18 April 2017 Date of orders: 18 April 2017 Decision date: 18 April 2017 Jurisdiction: Class 4 Before: Pain J Decision: The Respondents' notice of motion filed 10 April 2017 is dismissed. Catchwords: PRACTICE AND PROCEDURE – application for recusal on grounds of actual and apprehended bias – application based on comments made during pre-trial mention – application dismissed Cases Cited: ACR Trading Pty Ltd v Fat-Sel Pty Ltd (1987) 11 NSWLR 67; 64 LGRA 177 British American Tobacco Australia Services Ltd v Laurie (2011) 242 CLR 283; [2011] HCA 2 Brown Brothers Waste Contractors Pty Ltd v Pittwater Council (2015) 90 NSWLR 717; [2015] NSWCA 215 GlaxoSmithKline Australia Pty Ltd v Reckitt Benckiser Healthcare (UK) Limited [2013] FCAFC 150 Hills Shire Council v Mouawad (2014) 203 LGERA 233; [2014] NSWLEC 59 Livesey v NSW Bar Association (1983) 151 CLR 288; [1983] HCA 17 Re Henry; JL v Secretary, Department of Family and Community Services [2015] NSWCA 89 Category: Procedural and other rulings Parties: Hunter's Hill Council (Applicant) Maria Cavasinni (First Respondent) Francesco Cavasinni (Second Respondent) Representation: COUNSEL: C McEwen SC (Applicant) P Tomasetti SC (Respondents)
SOLICITORS: HWL Ebsworth Lawyers (Applicant) DC Balog & Associates (Respondents) File Number(s): 16/153799
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