Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Srinivasan v Bank of Western Australia Ltd [2012] FCA 319 Citation: Srinivasan v Bank of Western Australia Ltd [2012] FCA 319
Appeal from: Bank of Western Australia v Srinivasan [2012] FMCA 177
Parties: MAHALINGHAM SRINIVASAN v BANK OF WESTERN AUSTRALIA LTD
File number: NSD 432 of 2012
Judge: RARES J
Date of judgment: 19 March 2012
Catchwords: COURTS AND JUDGES – apprehension of bias – no reasonable apprehension of bias by Federal Magistrate exercising the jurisdiction of the Federal Magistrates Court merely because many Federal Magistrates party to proceedings involving constitutional questions as to their remuneration or pension entitlements. PRACTICE AND PROCEDURE – stay – significance of public interest as prime consideration in assessing balance of convenience
Legislation: Bankruptcy Act 1966 (Cth) s 52(3) Constitution s 71
Cases cited: Castlemaine Tooheys Ltd v South Australia (1986) 161 CLR 148 applied Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 applied Ebner v Official Trustee in Bankruptcy (2001) 205 CLR 337 applied
Date of hearing: 19 March 2012
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 15
Counsel for the Appellant: Bruce Levet
Solicitor for the Appellant: Francisco Gutierrez, Avondale Lawyers
Counsel for the Respondent: Peter Russell
Solicitor for the Respondent: David Greenberg, Ashurst Australia
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 432 of 2012
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