Gold Peg International P/L v Kovan Engineering (Aust) Pty Ltd & Ors [2004] FCA 1537

FEDERAL COURT OF AUSTRALIA

Gold Peg International P/L v Kovan Engineering (Aust) Pty Ltd & Ors [2004] FCA 1537 COURTS AND JUDGES – disqualification for apprehended bias – allegation that certain statements made by the trial judge taken together evidenced pre-judgment of facts in issue – questions to a witness – exchanges between bench and counsel – application of "fair‑minded lay observer" test.

Copyright Act 1968 (Cth) Trade Practices Act 1974 (Cth) ASIC v Rich [2004] NSWSC 970 referred to Cairnstores Ltd v Aktiebolaget Hassle [2003] FGR 23 referred to Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337 followed Helljay Investments Pty Limited v Deputy Commissioner of Taxation (1999) 166 ALR 302 referred to Johnson v Johnson (2000) 201 CLR 488 applied Kartinyeri and Anor v Commonwealth of Australia (1998) 156 ALR 300 referred to Kwang v Kang [2003] NSWCA 336 applied Livesey v New South Wales Bar Association (1983) 151 CLR 288 referred to Re JRL; Ex parte CJL (1986) 161 CLR 342 referred to Re Lusink; Ex parte Shaw (1980) 55 ALJR 12 referred to Re Minister for Immigration and Multicultural Affairs; Ex parte Jia Legeng(2001) 205 CLR 507 referred to R v Watson; Ex parte Armstrong (1976) 136 CLR 248 referred to Vakuata v Kelly (1989) 167 CLR 568referred to Webb v The Queen (1994) 181 CLR 41 referred to GOLD PEG INTERNATIONAL P/L v KOVAN ENGINEERING (AUST) PTY LTD & ORS V429 of 2002 CRENNAN J 26 NOVEMBER 2004 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V429 OF 2002

BETWEEN: GOLD PEG INTERNATIONAL PTY LTD

APPLICANT

AND: KOVAN ENGINEERING (AUST) PTY LTD & ORS

RESPONDENT

JUDGE: CRENNAN J

DATE OF ORDER: 26 November 2004

WHERE MADE: MELBOURNE

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