Harper v Wallaby Grip Ltd

[2001] NSWDDT 23

Dust Diseases Tribunal

of New South Wales

CITATION:	Harper v Wallaby Grip Ltd & Ors [2001] NSWDDT 23
PARTIES:	Raymond Edward Harper Wallaby Grip Ltd Wallaby Grip (BAE) Pty Ltd ACI Operations Pty Ltd Santos Limited
MATTER NUMBER(S):	107 of 2001
JUDGMENT OF:	Little AJ at 1
CATCHWORDS:	Proceedings :- Apprehension of Bias
LEGISLATION CITED:
CASES CITED:
DATES OF HEARING:	19 June 2001
EX TEMPORE JUDGMENT DATE :	06/19/2001
LEGAL REPRESENTATIVES:	FOR PLAINTIFF: Mr P C See instructed by Alex Stuart & Associates FOR DEFENDANT Mr T J Morahan instructed by Middletons Moore & Bevins appeared for the first and second defendants Mr Lim of Phillips Fox appeared for the third defendant Mr Blanch of Hickson Wisewoulds appeared for the fourth defendant

JUDGMENT:

1. I have been asked by the first and second defendants to disqualify myself for apprehended bias. It is the case that the Acting Judges have been appointed with the present circumstances clearly in mind. We have been appointed to hear urgent cases. If anything could be pointed to that showed there was an apprehension of bias against the first and second defendants I would disqualify myself. I do not consider that anything that has been put before me shows any ground of apprehended bias. I have appeared, as is conceded in the affidavit, on all sides of the record in this jurisdiction in these cases. Because of the nature of the jurisdiction it requires specialists in the field to hear the cases because of the urgency that attaches to them. Accordingly, although I understand the concern of the defendants and although I am very mindful of the situation that has been created by the appointment of acting judges in this Tribunal nevertheless I decline the application to disqualify myself.

2. I make an order that a transcript of the ruling be taken out.

3. I do not propose to deal with any other questions arising from that, those are matters for the President.

Mr P C See instructed by Alex Stuart & Associates appeared for the plaintiff.

Mr T J Morahan instructed by Middletons Moore & Bevins appeared for the first and second defendants.

Mr Lim of Phillips Fox appeared for the third defendant.

Mr Blanch of Hickson Wisewoulds appeared for the fourth defendant.