Australia, July 7 -- New South Wales Land and Environment Court issued text of the following judgement on June 6:
1. MITCHELMORE AND ADAMSON JJA: On the morning of the second day of the hearing of the appeal in this matter, counsel for the third respondent made an application that Price AJA recuse himself. The basis of the recusal application was apprehended bias. The judgment of Price AJA below sets out the background to the recusal application, the basis on which it was made and the arguments that counsel for the third respondent advanced in respect of it.
2. The test for apprehended bias in Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337; [2000] HCA 63 ("Ebner") at [6] is whether "a fair-minded lay observer might reasonably a...