Australian Competition & Consumer Commission v Samton Holdings Pty Ltd [2000] FCA 1201

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Samton Holdings Pty Ltd

[2000] FCA 1201

COURTS AND JUDGES – apprehended or perceived bias – association between judge and party – disclosure by judge – disqualification – test to be applied to determine – fair-minded observer – knowledge to be imputed to fair-minded observer.

Re JRL; Ex parte CJL (1986) 161 CLR 342 applied

R v Lilydale Magistrates Court [1973] VR 122 referred to

Aussie Airlines Pty Ltd v Australian Airlines Pty Ltd (1996) 65 FCR 215 applied

Webb v The Queen (1994) 181 CLR 41 referred to

AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v SAMTON HOLDINGS PTY LTD

WG 20 of 1999

CARR J

9 AUGUST 2000

PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WG 20 OF 1999

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

Applicant

AND: SAMTON HOLDINGS PTY LTD (ACN 062 688 359) & ORS

BY CROSS CLAIM: Respondent

SAMTON HOLDINGS PTY LTD & ORS

First Cross-Claimant

FRANK MARK RANALDI

First Cross-Respondent

JUDGE: CARR J

DATE OF ORDER: 9 AUGUST 2000

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The motion be dismissed. 2. Costs of the motion be costs in the cause. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WG 20 OF 1999

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

Applicant