Martinovic v Valuer General [2008] NSWLEC 144

Martinovic v Valuer General [2008] NSWLEC 144

The assertion of apparent bias, unsupported by concrete evidence and advanced without proper basis, is insufficient to justify an order preventing the hearing continuing before the Acting Commissioner. Therefore, the motion is dismissed.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
01 April 2008
Procedural Posture
Application for Order / Oral Motion to Dismiss Further Hearing Before Commissioner Due to Alleged Apparent Bias
Outcome
motion dismissed
Legal Topics
['apparent Bias' 'practice and Procedure' 'valuation Objections']
['administrative Law' 'valuation Law'] ['apparent Bias' 'practice and Procedure' 'valuation Objections']

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Order / Oral Motion to Dismiss Further Hearing Before Commissioner Due to Alleged Apparent Bias

Legal Issues

  1. 1 ['Whether there is apparent bias by the Acting Commissioner warranting the hearing not continuing before him']

Ratio Decidendi

The assertion of apparent bias, unsupported by concrete evidence and advanced without proper basis, is insufficient to justify an order preventing the hearing continuing before the Acting Commissioner. Therefore, the motion is dismissed.

Court Disposition

motion dismissed

Orders

  • ['motion for hearing not to continue before Acting Commissioner is dismissed']