Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Versace v Monte [2003] FCA 126 PRACTICE AND PROCEDURE – application for disqualification on grounds of apprehended bias – principles relating to apprehended bias – damage required to be shown on question of liability – damage not insubstantial – quantum of damages not determined – whether apprehension of predisposition to quantum of damages – whether judge should disqualify himself from assessing damages Davids Distribution Pty Limited v National Union of Workers (1999) 91 FCR 463 cited Lynch v Zurich Australian Insurance Limited (unreported, New South Wales Court of Appeal, 10 November 1998) cited Laws v Australian Broadcasting Tribunal (1990) 170 CLR 70 cited Bienstein v Bienstein [2003] HCA 7 discussed
GIANNI VERSACE SpA, SANTO VERSACE, DONATELLA VERSACE v
FRANK MONTE aka FRANCOIS FERDINAND MONTENERI and ARKITUDE HOLDINGS PTY LIMITED N 1184 of 2001 TAMBERLIN J SYDNEY 3 MARCH 2003
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N1184 OF 2001
BETWEEN: GIANNI VERSACE SpA
FIRST APPLICANT
SANTO VERSACE
SECOND APPLICANT
DONATELLA VERSACE
THIRD APPLICANT
AND: FRANK MONTE aka FRANCOIS FERDINAND MONTENERI
FIRST RESPONDENT
ARKITUDE HOLDINGS PTY LIMITED
(ACN 096 646 016)
SECOND RESPONDENT
JUDGE: TAMBERLIN J
DATE OF ORDER: 3 MARCH 2003
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
The Notice of Motion filed by the first respondent on 7 February 2003 is 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
NEW SOUTH WALES DISTRICT REGISTRY N1184 OF 2001
BETWEEN: GIANNI VERSACE SpA
FIRST APPLICANT
SANTO VERSACE
SECOND APPLICANT
DONATELLA VERSACE
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