Pancho Properties Pty Ltd -V- Wingecarribee Shire Council [1999] NSWLEC 49

Pancho Properties Pty Ltd -V- Wingecarribee Shire Council [1999] NSWLEC 49

The Assessor denied procedural fairness by deciding to defer delivery of judgment, for reasons based on facts not previously known to the appellant and not raised during the hearing, without giving the parties an opportunity to consider their positions and be heard. The circumstances and the Assessor's observations...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
09 March 1999
Procedural Posture
Appeal Against the Refusal of a Development Application by an Assessor / Determination of a Ground of Appeal Alleging Denial of Procedural Fairness and Apprehended Bias
Outcome
Appeal upheld; matter remitted for rehearing; costs reserved.
Legal Topics
['procedural Fairness' 'apprehended Bias' 'deferral of Judgment' 'development Application Appeal' 'remittal for Rehearing']
['planning and Environment Law' 'administrative Law'] ['procedural Fairness' 'apprehended Bias' 'deferral of Judgment' 'development Application Appeal' 'remittal for Rehearing']

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Procedural Posture

Appeal Against the Refusal of a Development Application by an Assessor / Determination of a Ground of Appeal Alleging Denial of Procedural Fairness and Apprehended Bias

Legal Issues

  1. 1 ['Whether the appellant was denied procedural fairness when the Assessor deferred giving judgment until after hearing evidence and submissions in similar proceedings.' "Whether the Assessor's deferral of judgment gave rise to a reasonable apprehension that the decision might be influenced by extraneous material from the other proceedings." 'Whether the matter should be remitted for rehearing by someone other than Commissioner Roseth.']

Ratio Decidendi

The Assessor denied procedural fairness by deciding to defer delivery of judgment, for reasons based on facts not previously known to the appellant and not raised during the hearing, without giving the parties an opportunity to consider their positions and be heard. The circumstances and the Assessor's observations also created a reasonable apprehension that the decision might be influenced by matters arising in the later similar proceedings, over which the parties had no control and no opportunity to address. The Assessor's decision therefore could not stand and the matter was remitted for rehearing by a Judge or by Commissioners other than Commissioner Roseth as directed by the Chief...

Court Disposition

Appeal upheld; matter remitted for rehearing; costs reserved.

Orders

  • ['Appeal upheld.' 'The matter is remitted for rehearing by a Judge of the Court or to be heard and disposed of by one or more Commissioners, other than Commissioner Roseth, as directed by the Chief Judge.' 'Costs reserved.' 'The exhibits may be returned.']