Blatchford & Anor v Clubley & Anor [2015] NSWLEC 1041

Blatchford & Anor v Clubley & Anor [2015] NSWLEC 1041

The Acting Commissioner refused to recuse himself because his only past relationship with Mr Clubley was limited to occasional Standards Australia committee meetings from about 2007 to 2009, he had not worked professionally or socialised with Mr Clubley beyond that context, the association had been disclosed at the previous hearing without objection, nothing had changed since, and an ordinary bystander would not perceive apprehended bias.

Jurisdiction
Australia
Judgment Date
29 January 2015
Procedural Posture
Class 2 Application for Recusal / Procedural Ruling
Outcome
Application for recusal refused
Legal Topics
['recusal' 'actual Bias' 'apprehended Bias']
['land and Environment Court Procedure'] ['recusal' 'actual Bias' 'apprehended Bias']

Case Brief

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Procedural Posture

Class 2 Application for Recusal / Procedural Ruling

Legal Issues

  1. 1 ['Whether the Acting Commissioner should recuse himself on grounds of actual or apprehended bias arising from a past association with Mr Clubley on a Standards Australia committee.']

Ratio Decidendi

The Acting Commissioner refused to recuse himself because his only past relationship with Mr Clubley was limited to occasional Standards Australia committee meetings from about 2007 to 2009, he had not worked professionally or socialised with Mr Clubley beyond that context, the association had been disclosed at the previous hearing without objection, nothing had changed since, and an ordinary bystander would not perceive apprehended bias.

Court Disposition

Application for recusal refused

Orders

  • ['Application for recusal refused']