Nirimba Developments Pty Limited v Blacktown City Council and Anor [2007] NSWLEC 315

Nirimba Developments Pty Limited v Blacktown City Council and Anor [2007] NSWLEC 315

The Commissioner had effectively determined the same right of way issues in the first appeal and had stated during case management that those issues had been decided. Applying the apprehended pre-judgment principles, a reasonably minded member of the public could entertain a reasonable apprehension that the Commissioner would not bring an unbiased and unprejudiced mind to the second appeal, so the notice of motion was upheld.

Jurisdiction
Australia
Judgment Date
08 May 2007
Procedural Posture
Development Application Appeal / Notice of Motion Alleging Apprehended Pre Judgment
Outcome
Notice of motion upheld.
Legal Topics
['development Application' 'development Consent' 'right of Way' 'apprehended Bias' 'apprehended Pre Judgment']
['planning and Environment Law' 'civil Procedure'] ['development Application' 'development Consent' 'right of Way' 'apprehended Bias' 'apprehended Pre Judgment']

Case Brief

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Procedural Posture

Development Application Appeal / Notice of Motion Alleging Apprehended Pre Judgment

Legal Issues

  1. 1 ['Whether the Commissioner should hear and determine the second appeal despite having determined closely related right of way issues in the first appeal.' 'Whether a reasonably minded member of the public could entertain a reasonable apprehension that the Commissioner would not bring an unbiased and unprejudiced mind to the second appeal.']

Ratio Decidendi

The Commissioner had effectively determined the same right of way issues in the first appeal and had stated during case management that those issues had been decided. Applying the apprehended pre-judgment principles, a reasonably minded member of the public could entertain a reasonable apprehension that the Commissioner would not bring an unbiased and unprejudiced mind to the second appeal, so the notice of motion was upheld.

Court Disposition

Notice of motion upheld.

Orders

  • ['The notice of motion is upheld.']