Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Betfair Pty Ltd v Racing New South Wales (No 14) [2010] FCA 696 Citation: Betfair Pty Ltd v Racing New South Wales (No 14) [2010] FCA 696
Parties: BETFAIR PTY LTD v RACING NEW SOUTH WALES, HARNESS RACING NEW SOUTH WALES and ATTORNEY-GENERAL (NEW SOUTH WALES)
File number(s): NSD 1566 of 2008
Judge: PERRAM J
Date of judgment: 2 July 2010
Corrigendum: 16 July 2010
Catchwords: COURTS AND JUDGES – Bias – Apprehended bias – Application to amend pleadings after judgment but before the entry or orders – Amendment application sought to take the benefit of contrary orders made by the same Judge in another related case – Whether "a fair-minded observer might entertain a reasonable apprehension of bias by reason of prejudgment" – Threshold satisfied – Recusal
Legislation: Constitution s 92
Cases cited: Aon Risk Services Australia Ltd v ANU (2009) 239 CLR 175 cited Bath v Alston Holdings Pty Ltd (1988) 165 CLR 411 cited Betfair Pty Ltd v Racing New South Wales [2010] FCA 603 cited Cadbury Schweppes Pty Ltd v Darrell Lea Chocolate Shops Pty Ltd (No 2) (2009) 174 FCR 175 applied Re JRL; Ex parte CJL (1986) 161 CLR 342 applied Livesey v NSW Bar Association(1983) 151 CLR 288 applied Marr v Australian Telecommunications Corp (1991) 34 FCR 82 cited Sportsbet Pty Ltd v New South Wales [2010] FCA 604 cited
Date of hearing: 1 July 2010
Date of last submissions: 1 July 2010
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