Jury v Westpac Banking Corporation Jury, Houda v Westpac Banking Corporation [1998] FCA 228

FEDERAL COURT OF AUSTRALIA APPEAL - apprehended bias - whether circumstances to be considered by a fair-minded person included counsel's disavowal of any application to the judge to disqualify himself - whether apprehended bias could be waived and whether it was waived in this case.

Regina v Barnsley Licensing Justices, Ex parte Barnsley and District Licensed Victuallers' Association [1960] 2 QB 167, referred to Webb v The Queen (1994) 181 CLR 41, applied The Queen v Watson; Ex parte Armstrong (1976) 136 CLR 248, applied Re J.R.L.; Ex parte C.J.L. (1986) 161 CLR 342, applied Livesey v The New South Wales Bar Association (1983) 151 CLR 288, applied Laws v Australian Broadcasting Tribunal (1990) 170 CLR 70, applied Vakauta v Kelly (1989) 167 CLR 568, applied Cooke v Purcell (1988) 14 NSWLR 51, referred to Re Alley; Ex parte The Australian Building Construction Employees' and Builders Labourers' Federation (1985) 60 ALJR 181, referred to

ERIC JURY v WESTPAC BANKING CORPORATION HOUDA JURY v WESTPAC BANKING CORPORATION NG 401 and 402 of 1997 Burchett, Foster and O'Connor JJ Sydney 18 March 1998

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 401 of 1997

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: ERIC JURY

Appellant

AND: WESTPAC BANKING CORPORATION

Respondent

NG 402 of 1997

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: HOUDA JURY

Appellant

AND: WESTPAC BANKING CORPORATION

Respondent

JUDGES: BURCHETT, FOSTER AND O'CONNOR JJ

DATE OF ORDER: 11 March 1998

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: Each appeal be dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA