Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Concrete Pty Ltd v Parramatta Design & Developments Pty Ltd [2004] FCA 483
PRACTICE and PROCEDURE – whether trial judge should disqualify himself from further hearing of proceedings on ground of apprehended bias – that course opposed by applicant – final hearing of proceedings already in progress for two full hearing days – application dismissed
Concrete Pty Ltd v Parramatta Design & Developments Pty Ltd and Anor [2004] FCA 169 Concrete Pty Ltd v Parramatta Design & Developments Pty Ltd and Anor [2004] FCA 293 Livesey v New South Wales Bar Association (1983) 151 CLR 288 referred to Vakauta v Kelly (1989) 167 CLR 568 applied Australian National Industries Ltd v Spedley Securities Ltd (1992) 26 NSWLR 411 referred to Sankey v Whitlam (1977) 1 NSWLR 333 referred to Johnson v Johnson (2000) 201 CLR 488 referred to Reid v Hubbard (No 2) [2004] FCA 180 applied Versace v Monte [2003] FCA 126 applied Bienstein v Bienstein (2003) 195 ALR 225 applied CONCRETE PTY LTD v PARRAMATTA DESIGN AND DEVELOPMENTS PTY LTD, GHASSAN FARES, PARRAMATTA DESIGN AND DEVELOPMENTS PTY LTD AND CONCRETE PTY LTD N 1509 OF 2003 CONTI J 8 APRIL 2004 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1509 OF 2003
BETWEEN: CONCRETE PTY LTD
APPLICANT
AND: PARRAMATTA DESIGN & DEVELOPMENTS PTY LTD
FIRST RESPONDENT
GHASSAN FARES
SECOND RESPONDENT
PARRAMATTA DESIGN & DEVELOPMENTS PTY LTD
CROSS CLAIMANT
CONCRETE PTY LTD
CROSS RESPONDENT
JUDGE: CONTI J
DATE OF ORDER: 8 APRIL 2004
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. Application of the respondents that the presiding judge disqualify himself from the further hearing of the proceedings be dismissed. 2. The issue of costs of the application for disqualification be reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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