PROCEDURE — amendment — late amendment made without notice or explanation — application to introduce new ground of apprehended bias — failure to identify material capable of supporting new allegation — application refused
Quick Take
1An allegation of apprehended bias must be articulated with specificity and supported by identified material capable of sustaining the allegation; vague or unsupported assertions will not suffice.
2Apprehended bias is assessed by reference to the conduct of the hearing, not adverse findings in reasons for judgment delivered after the hearing's conclusion.
3A late amendment sought orally, without notice, without explanation for delay, and without any proper basis will be refused where acceding would cause only prejudice, delay and unwarranted costs.
Case Details
Citation[2026] NSWCA 177
CourtNSWCA
JurisdictionNew South Wales
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