Federal Court of Australia
JUDGMENT NO. soame2 S/F
oonnconccccee! ccencesceseg
TCHWORDS
PRACTICE AND PROCEDURE - disqualification of judge for reasonable apprehension of prejudgment or bias - principles - reference to warnings in Re J.R.L.; Ex parte C.J.L (per Mason J.) and other cases against too ready withdrawal by a judge upon the application of one side only - special case of a split hearing where findings on liability were alleged to involve prejudgment of the credit of a person who would be an important witness at the later hearing to assess damages.
eager v The New South Wales Bar Association (1983) 151 CLR Vakauta v Kelly (1989) 167 CLR 568
Australian National Industries Ltd v Spedley Securities Ltd (in lig.) (1992) 26 NSWLR 411
Re J.R.L.; Ex parte C.J.L. (1986) 161 CLR 342
Re Morling; Ex parte Australasian Meat Industry Employees Union (1985) 66 ALR 608
Re Finance Sector Union of Australia; ex parte Illaton Pty Ltd (1992) 107 ALR 581
PETER EPH v. INALD'S AUSTRALIA LIMITED NG 560 of 1992
~
Burchett J. Sydney 21 October 1994
RECEIVED 21 OCT 1994
FEDERAL COURT OF
AUSTRALIA PRINCIPAL REGISTRY
IN THE FEDERAL R! F_AUSTRALIA NEW TH WALES DISTR REGISTRY NG 560 of 1992
EN. VISION
wwe wee ww
BETWEEN: PETER JOSEPH CARR Applicant
AND: McDONALD'S AUSTRALIA LIMITED
Respondent
CORAM: Burchett J. PLACE: Sydney DATE : 21 October 1994
RDER_ OF THE RT
THE COURT ORDERS THAT the respondent pay the applicant's
costs of the application which was dismissed on 20 September
1994.
uke
NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN _THE RT_OF TRALIA
NEW_S H_ WALES DI ICT REGISTRY
GENERAL DIVISION
NG 560 of 1992
BETWEEN: PETER JOSEPH CARR Applicant
AND: McDONALD'S AUSTRALIA LIMITED
Respondent
CORAM: Burchett J. PLACE: Sydney DATE : 21 October 1994
REASONS FOR JUDGMENT
BURCHETT J.:
On 20 September 1994, the respondent applied, by motion, to have the damages hearing of these proceedings and any further directions hearings heard before a Judge of this Court other than myself, on the basis of a reasonable apprehension of prejudgment or bias. I dismissed the motion; reserved my reasons; and
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate