Waterhouse v Independent Commission Against Corruption (No 2) [2015] NSWCA 305

Waterhouse v Independent Commission Against Corruption (No 2) [2015] NSWCA 305

There was no allegation in the material before the Court involving Sir Laurence Street, and the applicant did not put any such material before the Court. Having regard to the nature of the application before the Court, no basis was shown for an apprehension of bias on Emmett JA's part, so disqualification was refused.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
30 September 2015
Procedural Posture
Application for Leave to Appeal / Application for Disqualification of Judge
Outcome
Application for disqualification refused.
Legal Topics
['apprehended Bias' 'judicial Disqualification' 'application for Leave to Appeal']
['civil Procedure'] ['apprehended Bias' 'judicial Disqualification' 'application for Leave to Appeal']

Source-derived case record

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Procedural Posture

Application for Leave to Appeal / Application for Disqualification of Judge

Legal Issues

  1. 1 ['Whether Emmett JA should disqualify himself on the basis of apprehended bias because he is related by marriage to Sir Laurence Street.' 'Whether the members of the Court should disqualify themselves and whether special arrangements should be made for appointment of judges from outside New South Wales or international judges.']

Ratio Decidendi

There was no allegation in the material before the Court involving Sir Laurence Street, and the applicant did not put any such material before the Court. Having regard to the nature of the application before the Court, no basis was shown for an apprehension of bias on Emmett JA's part, so disqualification was refused.

Court Disposition

Application for disqualification refused.

Orders

  • ['Refuse application for disqualification.']