Federal Court of Australia
JUDGMENT NO. eso OSS sont ie
CATCHWORDS
DISQUALIFICATION - apprehension of bias
APPLICATION TO STRIKE OUT - matter already determined in a final way - fresh allegation of fraud
Federal Court Rules - O 35 r 7(2)(b)
Re JRL; Ex parte CJL (1980) 161 CLR 342 Refd
& otor Repairs Pty Ltd v Caltex Oul Aust Pty Lid (1988) 12 NSWLR 358 Appr Re Finance Sector Union of Australia Ex Parte Elation Pty Ltd(1992) 66 ALJR 583 Refd
RECEIVED 23 DEC 1994
FEDERAL COURT OF
AUSTRALIA
PRINCIPAL REGISTRY
C J Donkin v AGC Advances Limited No QG107 of 1989
Kiefel J. Brisbane, 9 December _ 1994
IN THE FEDERAL COURT OF AUSTRALIA No.QG_107 of 1989
QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION
BETWEEN: COLIN JOHN DONKIN Applicant AND: AGC ADVANCES LIMITED Respondent JUDGE MAKING ORDER: Kiefel J. DATE OF ORDER. 9 December 1994 WHERE MADE: Brisbane
MINUTES OF ORDERS
THE COURT ORDERS THAT:
1. The application for Kiefel J. to disqualify herself from hearing the applicant's motion be dismissed.
2. The applicant, Colin John Donkin, pay the respondent's costs thrown away by the hearing on the issue of disqualification.
THE COURT DIRECTS THAT:
3.» Unless-the applicant file and serve affidavits in support of his motion by 4.00 pm on Friday 13 January 1995, together with a letter from the applicant's solicitors "certifying that 'those solicitors and/or counsel have explained to the applicant the
' nature of the allegation made under O.35, 1.7(2)(b), that they have advised the
- applicant as to the prospects of that being made out and that they have instructions notwithstanding to proceed with that allegation, the motion stand dismissed.
I. Ea
Say Suacecee
Ke fuctgrente Sky
With the Compliments of Sustoc SM. Kiefd
JUDGES' CHAMBERS
FEDERAL COURT OF AUSTRALIA 119 NORTH QUAY
BRISBANE 4000
AUSTRALIA
THE COURT ORDERS THAT:
4. In relation to costs thrown away on that part of the hearing which dealt with the
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