Maules Creek Coal Pty Ltd v Environment Protection Authority

• 1. JUDGMENTS AND ORDERS — Court of Criminal Appeal — Apprehended Bias — Application for disqualification — Where trial judge made an order rejecting application to disqualify herself — Whether order made was an “interlocutory order or judgment” under s 5F(3)(a) of the Criminal Appeal Act 1912 (NSW) — Where certain line of Court of Criminal Appeal authority overtaken by subsequent High Court and Court of Appeal authority
• 1. APPEALS — Leave to appeal — Aversion to granting leave where doing so may cause delay in or fragmentation of a trial
• 1. COURTS AND JUDGES — Bias — Apprehended bias — Application for disqualification — Legal repugnance to judges receiving communications about a case outside court processes — Where invitation was an innocent case of mistaken identity — Necessity for apprehension of bias to be reasonable — Trial judge’s decision not to disclose the meeting was erroneous but understandable — Fair-minded lay observer would not reasonably conclude that the trial judge might not bring an impartial mind to the resolution of the questions the judge is required to decide — Trial judge did not err in declining to disqualify herself

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