Garrett v Freeman (No. 3) [2007] NSWLEC 139

Garrett v Freeman (No. 3) [2007] NSWLEC 139

The remarks made by the judge describing the defendant's responses to statutory notices as misleading did not amount to apprehension of bias; a fair-minded observer would not reasonably conclude the judge could not decide the case impartially. The defendant's conduct and delay in raising the objection amounted to waiver. The application for disqualification was dismissed, and the hearing would continue.

Jurisdiction
Australia
Judgment Date
19 March 2007
Procedural Posture
Criminal Prosecution / Interlocutory Application (notice of Motion for Judicial Disqualification)
Outcome
application dismissed
Legal Topics
['apprehension of Bias' 'judicial Disqualification' 'statutory Notice Compliance' 'misleading Answers' 'environmental Planning and Assessment Act 1979' 'national Parks and Wildlife Act 1974' 'protection of the Environment Operations Act 1997']
['criminal Law' 'environmental Law'] ['apprehension of Bias' 'judicial Disqualification' 'statutory Notice Compliance' 'misleading Answers' 'environmental Planning and Assessment Act 1979' 'national Parks and Wildlife Act 1974' 'protection of the Environment Operations Act 1997']

Case Brief

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Procedural Posture

Criminal Prosecution / Interlocutory Application (notice of Motion for Judicial Disqualification)

Legal Issues

  1. 1 ['Whether adverse remarks and findings by the trial judge amount to apprehension of bias warranting disqualification' "Whether the defendant's responses to statutory notices were misleading" 'Whether the objection to alleged bias was waived through delay']

Ratio Decidendi

The remarks made by the judge describing the defendant's responses to statutory notices as misleading did not amount to apprehension of bias; a fair-minded observer would not reasonably conclude the judge could not decide the case impartially. The defendant's conduct and delay in raising the objection amounted to waiver. The application for disqualification was dismissed, and the hearing would continue.

Court Disposition

application dismissed

Orders

  • ["The defendant's notice of motion for judicial disqualification is dismissed." 'The hearing will continue.']