Slavin v Owners Corporation Strata Plan 16857 [2006] NSWCA 71

Slavin v Owners Corporation Strata Plan 16857 [2006] NSWCA 71

The trial judge's expressions of views regarding witness reliability during submissions constituted robust preliminary views, not prejudgment, as they were open to change, thus did not give rise to reasonable apprehension of bias. The judge did not err in declining to disqualify herself. Findings on statutory duty,...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
07 April 2006
Procedural Posture
Application for Leave to Appeal (civil) / Leave to Appeal and Appeal Determined
Outcome
Leave to appeal granted in relation to disqualification for apprehended bias; otherwise, leave refused. Appeal dismissed. Claimant/Appellant to pay Respondent's costs.
Legal Topics
['apprehended Bias' 'statutory Duty Under Strata Schemes Management Act' 'damages for Breach of Duty']
['civil Law'] ['apprehended Bias' 'statutory Duty Under Strata Schemes Management Act' 'damages for Breach of Duty']

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Procedural Posture

Application for Leave to Appeal (civil) / Leave to Appeal and Appeal Determined

Legal Issues

  1. 1 ['Whether the trial judge should have disqualified herself for reasonable apprehension of bias' 'Nature of duty under s 62(1) of the Strata Schemes Management Act 1996' 'Whether the Owners Corporation was dilatory or careless in maintaining or repairing the roof' 'Quantum of damages']

Ratio Decidendi

The trial judge's expressions of views regarding witness reliability during submissions constituted robust preliminary views, not prejudgment, as they were open to change, thus did not give rise to reasonable apprehension of bias. The judge did not err in declining to disqualify herself. Findings on statutory duty, dilatoriness, and quantum could not succeed absent reasonable apprehension of bias.

Court Disposition

Leave to appeal granted in relation to disqualification for apprehended bias; otherwise, leave refused. Appeal dismissed. Claimant/Appellant to pay Respondent's costs.

Orders

  • ['Grant leave to appeal in relation to disqualification by reasonable apprehension of bias and direct the filing of a notice of appeal within seven days; otherwise refuse leave to appeal.' 'Appeal dismissed.' "Claimant/appellant pay opponent/respondent's costs."]