Australian Competition & Consumer Commission v SIP Australia Pty Limited [2000] FCA 1258

FEDERAL COURT OF AUSTRALIA

ACCC v SIP Australia Pty Limited [2000] FCA 1258

COURTS AND JUDGES – disqualification for apprehended bias – pre‑judgment in earlier judgment – earlier judgment based on statement of agreed facts – no issue of credibility of witnesses in earlier judgment – earlier judgment did not involve all parties. Trade Practices Act 1974 (Cth): s 45(2)(a)(i) & (ii), s 45(2)(b)(i) & (ii) Ebner v Official Trustee in Bankruptcy [1999] FCA 110 referred to Webb v The Queen (1994) 181 CLR 41 referred to Livesey v New South Wales Bar Association (1983) 151 CLR 288 referred to R v Watson; Ex parte Armstrong (1976) 136 CLR 248 referred to Australian National Industries Ltd v Spedley Securities Ltd (In Liq) (1992) 26 NSWLR 411 referred to Laws v Australian Broadcasting Tribunal (1990) 170 CLR 70 referred to AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v SIP AUSTRALIA PTY LIMITED & ORS V 189 of 1999 GOLDBERG J 6 SEPTEMBER 2000 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 189 of 1999

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

Applicant

AND: SIP AUSTRALIA PTY LIMITED

(ACN 003 458 884)

First Respondent

FILIPPO IPPASO

Second Respondent

JOHN EDWIN GATES

Third Respondent

BAKER BROS (AUST) PTY LTD

(ACN 006 977 886)

Fourth Respondent

ANDREW CLIVE BAKER

Fifth Respondent

GUY EDWIN BAKER

Sixth Respondent

JUDGE: GOLDBERG J

DATE OF ORDER: 6 SEPTEMBER 2000

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application by the first, second and third respondents that Justice Goldberg disqualify himself from hearing the proceeding further be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules