Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mentyn v Westpac Banking Corporation [2004] FCAFC 156
COURTS AND JUDGES – application for disqualification of Judge – allegations of actual and perceived bias – Judge conducted call-over in preparation for appeal – Judge directed notice of motion seeking same relief as subject matter of appeal be heard with appeal – allegation that Judge in contempt of Court – assertion that Judge improperly communicated with respondents – no evidence produced to support any claims made – principles governing such applications Livesey v The New South Wales Bar Association (1983) 151 CLR 288 at 293-294 applied Webb v The Queen (1994) 181 CLR 41 at 67-68 applied Trustees of the Christian Brothers v Cardone (1995) 57 FCR 327 at 333 applied
JEAN-PAUL MENTYN v WESTPAC BANKING CORPORATION, TASMANIAN PERPETUAL TRUSTEES LTD, THE SUPREME COURT OF TASMANIA, THE STATE OF TASMANIA, A D PEARCE & CO, JEFFREY JAMES FALCONE and VIVIAN MAY FALCONE, ARCHER BUSHBY, RAE & PARTNERS, SHIELDS HERITAGE, GUNSON WILLIAMS, JACKSON AND TREMAYNE and THE LAW SOCIETY OF TASMANIA
T18 OF 2003, T3 OF 2004, T4 OF 2004
KIEFEL, WEINBERG AND STONE JJ
28 MAY 2004
HOBART
IN THE FEDERAL COURT OF AUSTRALIA
TASMANIA DISTRICT REGISTRY T18 OF 2003
T3 OF 2004
T4 OF 2004
BETWEEN: JEAN-PAUL MENTYN
APPELLANT
AND: WESTPAC BANKING CORPORATION
FIRST RESPONDENT
TASMANIAN PERPETUAL TRUSTEES LTD
SECOND RESPONDENT
THE SUPREME COURT OF TASMANIA
THIRD RESPONDENT
THE STATE OF TASMANIA
FOURTH RESPONDENT
A D PEARCE & CO
FIFTH RESPONDENT
JEFFREY JAMES FALCONE and VIVIAN MAY FALCONE
SIXTH RESPONDENT
ARCHER BUSHBY
SEVENTH RESPONDENT
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