Millerview Constructions Pty Ltd v Eurobodalla Shire Council [2000] NSWLEC 12

Millerview Constructions Pty Ltd v Eurobodalla Shire Council [2000] NSWLEC 12

Commissioner Watts was only exploring issues and expressing tentative views, inviting responses from the parties. As such, no reasonable apprehension of bias or prejudgment was established to warrant disqualification.

Jurisdiction
Australia
Judgment Date
31 January 2000
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
['bias' 'section 56 a Appeal' 'development Control Plan' 'consent Orders']
['administrative Law' 'planning Law'] ['bias' 'section 56 a Appeal' 'development Control Plan' 'consent Orders']

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether Commissioner Watts should have disqualified himself due to apprehended bias' 'Whether comments made gave rise to reasonable apprehension of prejudgment']

Ratio Decidendi

Commissioner Watts was only exploring issues and expressing tentative views, inviting responses from the parties. As such, no reasonable apprehension of bias or prejudgment was established to warrant disqualification.

Court Disposition

appeal dismissed

Orders

  • ['Appeal dismissed.' 'Matter remitted to Commissioner Watts for hearing.' 'Listed before Registrar for fixing hearing dates.' 'Question of costs reserved.']