Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
PRACTICE AND PROCEDURE - application that trial judge disqualify himself from having further conduct of the proceedings - whether reasonable apprehension of pre-judgment or bias.
PRACTICE AND PROCEDURE - application by bankrupt for leave to file a further statement of claim after striking out of initial statement of claim - whether further statement of claim pleads one or more arguably sustainable causes of action - whether proceedings caught by s 60(2) of the Bankruptcy Act 1966 (Cth).
PRACTICE AND PROCEDURE - application for an order dismissing the proceedings - whether unfair to allow the proceedings to continue.
Bankruptcy Act 1966 (Cth), ss 58, 60, 116.
Federal Court Rules, O 10, r 3; O 30, r 5: O 20, r 1.
Australian National Industries Ltd v Spedley Securities Ltd (in liq) (1992) 26 NSWLR 411, cited.
Cox v Journeaux (No 2) (1935) 52 CLR 713, cited.
Daemar v Industrial Commission of New South Wales (1988) 12 NSWLR 45 (NSWCA) cited.
Jury v Westpac Banking Corporation, 18 March 1998, unreported (FCA/FC), cited.
Gascor v Ellicott [1997] 1 VR 332 (Sct Vic/FC), cited.
Livesey v New South Wales Bar Association (1983) 151 CLR 288, cited.
Mannigel v Hewlett Phelps, 12 June 1991, unreported (NSW CA), cited.
Re Morton; Ex Parte Mitchell Products Pty Ltd (1996) 21 ACSR 497, cited.
Webb v The Queen (1994) 181 CLR 41, cited.
JEFFREY R MORTON & ORS V JOHN VOURIS & ORS
QG100 OF 1995
SACKVILLE J
23 APRIL 1998
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY QG100 of 1995
BETWEEN: JEFFREY R MORTON
First Applicant
MACK STUDIOS PTY LIMITED
(ACN 053 086 909)
Second Applicant
UPDATE PUBLISHING PTY LIMITED
(ACN 059 530 086)
Third Applicant
AND: JOHN VOURIS
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