Sidoti & anor v Ross Kerr Sleeman & Heather Gaye Sleeman as Executors of the Estate of the late Keith Sleeman [2017] NSWLEC 1573

Sidoti & anor v Ross Kerr Sleeman & Heather Gaye Sleeman as Executors of the Estate of the late Keith Sleeman [2017] NSWLEC 1573

Although the Commissioner rejects allegations of bias, she recused herself to avoid any appearance of apprehended bias due to the applicants' expressed concerns stemming from their expert’s actions, vacating the hearing and allowing further directions.

Jurisdiction
Australia
Judgment Date
10 October 2017
Procedural Posture
Tree Dispute Application / Notice of Motion; Application to Vacate Hearing and for Recusal Due to Apprehended Bias
Outcome
Hearing date vacated and Commissioner recused; further evidence allowed and new timetable to be set
Legal Topics
['apprehended Bias' 'disqualification of Commissioner' 'expert Evidence' 'adjournment of Hearing']
['procedural Law'] ['apprehended Bias' 'disqualification of Commissioner' 'expert Evidence' 'adjournment of Hearing']

Case Brief

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Procedural Posture

Tree Dispute Application / Notice of Motion; Application to Vacate Hearing and for Recusal Due to Apprehended Bias

Legal Issues

  1. 1 ['Whether Commissioner Fakes should recuse herself due to apprehended bias arising from allegations by an expert' 'Whether hearing date should be vacated and leave granted to adduce further expert evidence']

Ratio Decidendi

Although the Commissioner rejects allegations of bias, she recused herself to avoid any appearance of apprehended bias due to the applicants' expressed concerns stemming from their expert’s actions, vacating the hearing and allowing further directions.

Court Disposition

Hearing date vacated and Commissioner recused; further evidence allowed and new timetable to be set

Orders

  • ['The hearing date of 11 October 2017 is vacated.' 'Commissioner Fakes recuses herself from hearing proceedings 17/227502.' 'Applicants are granted leave to adduce further expert evidence.' 'Applicants shall not rely upon the expert report of Mark Bury dated 16 January 2017.' 'The matter is listed before the...