Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Securities & Investment Commission v Lanepoint Enterprises Pty Ltd [2009] FCA 258
COURTS AND JUDGES – application for trial judge to disqualify himself – whether apprehension of bias – whether waiver – motion for disqualification filed shortly before judgment due to be delivered. Antoun v R (2006) 224 ALR 51 cited Australian Securities & Investment Commission v Bowesco [2009] FCA 257 referred to Concrete Pty Ltd v Parramatta Design & Developments Pty Ltd (2006) 229 CLR 577 cited Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337 cited Johnson v Johnson (2000) 201 CLR 488 cited Smits v Roach (2006) 227 CLR 423 cited AUSTRALIAN SECURITIES AND INVESTMENT COMMISSION v LANEPOINT ENTERPRISES PTY LTD (RECEIVER AND MANAGER APPOINTED)
WAD 152 of 2006
GILMOUR J
21 APRIL 2009
PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAD 152 of 2006
BETWEEN: AUSTRALIAN SECURITIES AND INVESTMENT COMMISSION
Applicant
AND: LANEPOINT ENTERPRISES PTY LTD (ACN 110 693 251) (RECEIVER AND MANAGER APPOINTED)
Respondent
JUDGE: GILMOUR J
DATE OF ORDER: 21 APRIL 2009
WHERE MADE: PERTH
THE COURT ORDERS THAT:
1. The respondent's motion dated 19 March 2009 be dismissed. 2. The respondent pay the applicant's costs on the motion. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAD 152 of 2006
BETWEEN: AUSTRALIAN SECURITIES AND INVESTMENT COMMISSION
Applicant
AND: LANEPOINT ENTERPRISES PTY LTD (ACN 110 693 251) (RECEIVER AND MANAGER APPOINTED)
Respondent
JUDGE: GILMOUR J
DATE: 21 APRIL 2009
PLACE: PERTH
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