Addenbrooke Pty Ltd v Woollahra Municipal Council [2009] NSWLEC 95

Addenbrooke Pty Ltd v Woollahra Municipal Council [2009] NSWLEC 95

A fair-minded, properly informed lay observer would not reasonably apprehend that the judge might not bring an impartial mind to deciding the view impact questions, as the evidence is new, witnesses differ from the prior case, and prior findings do not predetermine the determinative issues for the third respondents.

Parties
Applicant: Addenbrooke Pty Limited; First Respondent: Woollahra Municipal Council; Second Respondent: Sydney Harbour Foreshores Committee; Third Respondents: Ktut Arya & Ors
Jurisdiction
Australia
Judgment Date
15 June 2009
Procedural Posture
Application for Disqualification of Judge in Development Appeal / Interlocutory Application Prior to Hearing of Merits Appeal
Outcome
application for disqualification dismissed
Legal Topics
Apprehension of Bias, Procedural Fairness, Development Application Appeals, Judicial Disqualification
Administrative Law Planning and Environment Law Apprehension of Bias Procedural Fairness Development Application Appeals Judicial Disqualification

Case Brief

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Parties

Addenbrooke Pty Limited

Applicant

Woollahra Municipal Council

First Respondent

Sydney Harbour Foreshores Committee

Second Respondent

Ktut Arya & Ors

Third Respondents

Procedural Posture

Application for Disqualification of Judge in Development Appeal / Interlocutory Application Prior to Hearing of Merits Appeal

Legal Issues

  1. 1 Whether judge is disqualified from hearing merits appeal due to apprehended bias arising from prior judgment involving same development
  2. 2 Whether previous findings on similar factual issues amount to pre-judgment

Ratio Decidendi

A fair-minded, properly informed lay observer would not reasonably apprehend that the judge might not bring an impartial mind to deciding the view impact questions, as the evidence is new, witnesses differ from the prior case, and prior findings do not predetermine the determinative issues for the third respondents.

Court Disposition

application for disqualification dismissed

Orders

  • The third respondents' application that the judge disqualify himself from hearing these appeals is dismissed.