Bobolas v Waverley Council

Bobolas and Waverley Council were parties to proceedings before the Court of Appeal of New South Wales. The dispute concerned an appeal by Bobolas against orders made by Biscoe J, and a related application for a stay of those orders.

The Court of Appeal was required to determine whether to grant a stay of the primary judge's orders, and whether to uphold or set aside those orders. Central to the appeal were allegations of bias against the primary judge and claims of a denial of natural justice or procedural fairness during an ex parte hearing.

Ward JA dismissed Bobolas's notice of motion with costs. The Court ordered that the stay of the primary judge's orders, which had been granted by Schmidt J on 14 March 2014, be discharged. This discharge was to take effect from 7 am on Monday, 31 March 2014, meaning the original orders of Biscoe J would then be in full force and effect.