Dennis v Commonwealth Bank of Australia [2019] FCAFC 231

FEDERAL COURT OF AUSTRALIA

Dennis v Commonwealth Bank of Australia [2019] FCAFC 231 Appeal from: Dennis v Commonwealth Bank of Australia [2018] FCCA 1159

File number: QUD 318 of 2018

Judges: GREENWOOD, BESANKO AND REEVES JJ

Date of judgment: 16 December 2019

Catchwords: ADMINISTRATIVE LAW — appeal by leave from orders made by the Federal Circuit Court of Australia — where the respondent made an application for summary dismissal of the appellant's claim — where the primary judge made orders dismissing the appellant's application on the basis that the claim had no reasonable prospect of success — apprehended bias — whether a fair-minded lay observer might reasonably apprehend that the primary judge might not have brought an impartial and unprejudiced mind to the application — consideration of the difference between prejudgment and predisposition — whether it is necessary to consider the other grounds of appeal dealing with the merits

Legislation: Federal Circuit Court Rules 2001 (Cth) r 13.10 National Consumer Credit Protection Act 2009 (Cth) ss 47, 125, 128, 129, 130, 131, 160D, 178

Cases cited: Concrete Pty Ltd v Parramatta Design & Developments Pty Ltd [2006] HCA 55; (2006) 229 CLR 577 Dennis v Commonwealth Bank of Australia [2018] FCA 1908 Dennis v Minister of Finance [2017] FCCA 45 Ebner v Official Trustee in Bankruptcy [2000] HCA 63; (2001) 205 CLR 337 Gambaro v Mobycom Mobile Pty Ltd [2019] FCAFC 144 Johnson v Johnson [2000] HCA 48; (2000) 201 CLR 488 Jorgensen v Fair Work Ombudsman [2019] FCAFC 113; (2019) 371 ALR 426 Minister for Immigration and Multicultural Affairs v Jia Legeng [2001] HCA 17; (2001) 205 CLR 507 R v T, WA [2014] SASCFC 3; (2013) 118 SASR 382 Vakauta v Kelly [1989] HCA 44; (1989) 167 CLR 568