Melsom, Peter Michael & Ors v Forrest, B M, Deputy President of the Administrative Appeals Tribunal & Ors [1997] FCA 1363

FEDERAL COURT OF AUSTRALIA PROCEDURE - stay - application to stay hearing of proceedings for discharge from bankruptcy - application to be joined as party to Administrative Appeals Tribunal proceedings previously refused - appeal to Federal Court dismissed - appeal to Full Federal Court dismissed - new joinder application - judgment against bankrupts in Supreme Court of Western Australia - initial refusal to list joinder application but subsequently listed - proximity of hearing of joinder application to substantive hearing - whether reasonable apprehension of bias EQUITY - interlocutory relief - whether serious question to be tried - balance of convenience - whether reasonable apprehension of bias - whether merit of conduct of party to Administrative Appeals Tribunal relevant.

Judiciary Act 1903 (Cth), s 39B Khadem v Barbour, Senior Member of the AAT (Hill J, Federal Court of Australia, 30 August 1995 unreported) referred to Lord v Spinelly (1991) 4 WAR 158 referred to Livesey v New South Wales Bar Association (1983) 151 CLR 288 applied Laws v Australian Broadcasting Tribunal (1990) 170 CLR 70 referred to Re Media Entertainment and Arts Alliance; Ex parte Hoyts Corporation Pty Ltd (1994) 68 ALJR 179 referred to

PETER MICHAEL MELSOM & Ors v B M FORREST, DEPUTY PRESIDENT OF THE ADMINISTRATIVE APPEALS TRIBUNAL & Ors

wag 145 of 1997

R D NICHOLSON J PERTH 28 NOVEMBER 1997

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WG 145 of 1997

BETWEEN: PETER MICHAEL MELSOM and STANLEY FREDERIC ROBSON

Applicants

AND: B M FORREST, DEPUTY PRESIDENT OF THE ADMINISTRATIVE APPEALS TRIBUNAL

First Respondent

MARIE SPINELLY and JACQUES SPINELLY

Second Respondents

INSPECTOR-GENERAL IN BANKRUPTCY

Third Respondent

JUDGE: R D NICHOLSON J