Preferred Projects (Buildings) Pty Ltd v Warringah Council [1999] NSWLEC 283

Preferred Projects (Buildings) Pty Ltd v Warringah Council [1999] NSWLEC 283

Commissioner Watts should be disqualified because opinions and judgments expressed in earlier proceedings on key issues, combined with foreshadowed judgments on prospective changes, give rise to a reasonable apprehension that he cannot bring an unbiased and unprejudiced mind to the determination of the modified development application.

Jurisdiction
Australia
Judgment Date
02 November 1999
Procedural Posture
Planning Appeal / Motion for Disqualification of Commissioner
Outcome
Commissioner Watts disqualified from hearing the proceedings; question of costs reserved; matter to be expedited and listed for hearing at earliest opportunity.
Legal Topics
['bias' 'apprehended Pre Judgment' 'disqualification of Commissioner' 'natural Justice' 'procedural Fairness']
['administrative Law' 'planning Law'] ['bias' 'apprehended Pre Judgment' 'disqualification of Commissioner' 'natural Justice' 'procedural Fairness']

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Procedural Posture

Planning Appeal / Motion for Disqualification of Commissioner

Legal Issues

  1. 1 ['Whether Commissioner Watts should be disqualified for apprehended pre-judgment in determining the modified development application']

Ratio Decidendi

Commissioner Watts should be disqualified because opinions and judgments expressed in earlier proceedings on key issues, combined with foreshadowed judgments on prospective changes, give rise to a reasonable apprehension that he cannot bring an unbiased and unprejudiced mind to the determination of the modified development application.

Court Disposition

Commissioner Watts disqualified from hearing the proceedings; question of costs reserved; matter to be expedited and listed for hearing at earliest opportunity.

Orders

  • ['Commissioner Watts is disqualified from hearing the proceedings.' 'Matter be granted expedition.' 'Parties to approach Registrar for an alternative hearing date as soon as possible.' 'Question of costs reserved.' 'Exhibits may be returned.']