Bates, Michael John t/as Riot Wetsuits v Omareef Pty Ltd & Ors [1998] FCA 1472

FEDERAL COURT OF AUSTRALIA PRACTICE AND PROCEDURE – appeal – challenge to trial judge's findings of fact as to period of agreement for manufacture and supply by appellant of wetsuits – constraint on appellate court's interference with such factual findings – bias – reasonable apprehension – relationship between trial judge and mediator – conversation between mediator and trial judge to effect that mediation had not succeeded, but without discussion otherwise in relation to case or mediation – trial judge and senior counsel for respondents having once had chambers as barristers on same floor, and having dined at same table in bar dining room – all these matters disclosed by trial judge at commencement of case. Abalos v Australian Postal Commission (1990) 171 CLR 167, applied Devries v Australian National Railways Commission (1993) 177 CLR 472, applied The King v Sussex Justices; Ex parte McCarthy [1924] 1 KB 256, referred to The Queen v Watson; Ex parte Armstrong (1976) 136 CLR 248, applied Livesey v New South Wales Bar Association (1983) 151 CLR 288, applied Re JRL; Ex parte CJL (1986) 161 CLR 342, applied Vakauta v Kelly (1989) 167 CLR 568, applied Duff v The Queen (1979) 39 FLR 315, referred to

MICHAEL JOHN BATES trading as RIOT WETSUITS v OMAREEF PTY LTD & ors

NG 917 of 1997

LINDGREN, FINKELSTEIN AND WEINBERG JJ SYDNEY 20 NOVEMBER 1998

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY NG 917 of 1997

on appeal from a judge of the federal court of australia

BETWEEN: MICHAEL JOHN BATES trading as RIOT WETSUITS

Appellant

AND: OMAREEF PTY LTD (ACN 004 010 806)

First Respondent

QUIKSILVER GARMENTS PTY LTD (ACN 005 575 548)

Second Respondent

JOHN ERIC HOWITT

Third Respondent