Randwick City Council v Athens and Anor (No. 5) [2004] NSWLEC 200

Randwick City Council v Athens and Anor (No. 5) [2004] NSWLEC 200

The judge declined to disqualify himself from the hearing, finding that circumstances around the timing and presence of legal representatives did not warrant recusal or raise a reasonable apprehension of bias.

Parties
Applicant: Randwick City Council; First Respondent: Peta Athens; Second Respondent: Athens Holdings Pty Limited (ACN 001 166 552)
Jurisdiction
Australia
Judgment Date
21 April 2004
Procedural Posture
Interlocutory Application / Application to Disqualify Judge for Hearing of the Case
Outcome
Application to disqualify judge refused
Legal Topics
Application for Judicial Disqualification, Hearing Procedure, Party and Legal Representative Attendance
Contempt of Court Civil Procedure Application for Judicial Disqualification Hearing Procedure Party and Legal Representative Attendance

Case Brief

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Parties

Randwick City Council

Applicant

Peta Athens

First Respondent

Athens Holdings Pty Limited (ACN 001 166 552)

Second Respondent

Procedural Posture

Interlocutory Application / Application to Disqualify Judge for Hearing of the Case

Legal Issues

  1. 1 Whether the presiding judge should be disqualified from hearing the case given alleged issues with legal representatives' presence and hearing commencement timing

Ratio Decidendi

The judge declined to disqualify himself from the hearing, finding that circumstances around the timing and presence of legal representatives did not warrant recusal or raise a reasonable apprehension of bias.

Court Disposition

Application to disqualify judge refused

Orders

  • Application to disqualify Cowdroy J from hearing of the case is rejected