Expectation Pty Ltd v PRD Realty Pty Ltd & Anor (No. 2) [2006] FCA 392

FEDERAL COURT OF AUSTRALIA

Expectation Pty Ltd v PRD Realty Pty Ltd & Anor (No. 2) [2006] FCA 392 PRACTICE AND PROCEDURE – application to adjourn the trial of an action on the ground of apprehended bias – consideration of the impact upon the conduct of the trial by reason of a party retaining senior counsel who has been offered and accepted an appointment to act as Chief Justice of the Supreme Court of Western Australia – consideration of whether a fair‑minded objective lay observer might reasonably apprehend a possibility of a lack of impartiality.

Trade Practices Act 1974 (Cth) Fair Trading Act 1989 (Qld)

Expectation Pty Ltd v PRD Realty Pty Ltd & Anor [2003] FCA 175 Expectation Pty Ltd v PRD Realty Pty Ltd & Anor; Carr, Emmett and Gyles JJ (2004), 140 FCR 17 Ebner v Official Trustee in Bankruptcy (2001) 205 CLR 337 Locabail (UK) Ltd v Bayfield Properties Ltd [2000] QB 451 Johnson v Johnson (2000) 201 CLR 488 Antoun v The Queen [2006] HCA 2 Batterham v Maylord Equity Management Pty Ltd, 22 April 2005, Application for Special Leave EXPECTATION v PRD REALTY PTY LTD & ANOR WG 181 OF 1996 GREENWOOD J 7 APRIL 2006 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY WG 181 OF 1996

BETWEEN: EXPECTATION PTY LTD (ACN 009 030 102)

APPLICANT

AND: PRD REALTY PTY LTD (ACN 009 954 956)

FIRST RESPONDENT

GORDON DOUGLAS

SECOND RESPONDENT

JUDGE: GREENWOOD J

DATE OF ORDER: 7 APRIL 2006

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The Notice of Motion filed by the Respondents on 6 April 2006 is dismissed. 2. Costs of and incidental to the Notice of Motion are reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.