Federal Court of Australia
JUDGMENT No. oan2o% ) FY
etescereccce
CATCHWORDS
PRACTICE AND PROCEDURE - allegation of prejudgment or apprehended bias - principles.
Laws v. Australian Broadcasting Tribunal (1990) 170 CLR 70 Webb v. R. (1994) 122 ALR 41
: HIELD ID v. THE OFFICIAL T E
IN_BANKRUPTCY NB 209 of 1992
Burchett J. Sydney 21 October 1994
NB 209 of 1992
,
ROSE SHIELDS JAMES ISAAC KEITH SHIELDS and ISAAC JOHN MACKAY SHIELDS Applicants
AND: TEE _ IN
Respondent CORAM: Burchett J. PLACE: Sydney DATE : 21 October 1994 REASONS FOR JUDGMENT
BURCHETT J.
This is an application for an interlocutory injunction to restrain the Official Trustee in Bankruptcy from proceeding with a sale of certain items of equipment which he claims as Trustee in respect of the bankrupt estates of Geoffrey Neil Keith Shields and Norma Rose Shields. The sale is fixed for 22 October 1994. The applicants are a son of the bankrupts and his uncle, a brother of the male bankrupt. They were both named as applicants in a notice of motion which was filed in Court on Tuesday 11 October 1994 by the first applicant, who then appeared in person and (by leave) for the second applicant. A document that apparently emanated from the second applicant, headed "TALK IN COURT", which the first applicant handed up to the Court together with his affidavit and the notice of motion, had annexed to it
a photostat medical certificate dated 9 October 1994, indicating
2. that the second applicant was suffering from highly contagious chicken-pox and was not fit to appear in Court; the certificate indicated he was "likely to resume duties on 17/10/94". I was not asked to adjourn the motion, although the question was mooted. On the contrary, the first applicant had come from Nyngan prepared to present the application. The document handed up by him, to which I have referred, stated: "THERE ARE MATTERS WHICH MUST BE DEALT WITH TODAY WHICH ARE IN THE NOTICE OF MOTION ACCOMPANIED BY AN AFFIDAVIT." After referring to the matter of leave to file the notice of motion and an affidavit in Court, it
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