Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ferdinands v The State of South Australia [2017] FCA 32 Appeal from: Application for leave to appeal: Ferdinands v The State of South Australia [2016] FCA 1268
File number: SAD 316 of 2016
Judge: WHITE J
Date of judgment: 30 January 2017
Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal against an interlocutory judgment by which a Judge dismissed an application that she recuse herself on grounds of bias and removed an applicant as a party to the proceedings – no reasonably arguable error in the refusal of the Judge to recuse herself – section 24(1AA) of the Federal Court of Australia Act 1976 (Cth) precludes appeals being brought against a decision of a Judge of the Court to remove a party from an action. Held: application for leave to appeal dismissed.
Legislation: Federal Court of Australia Act 1976 (Cth) s 24(1A), 24(1AA) Federal Court Rules 2011 (Cth) rr 9.08, 35.12(2), 35.13
Cases cited: Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc (1981) 148 CLR 170 ALA15 v Minister for Immigration and Border Protection [2016] FCAFC 30 Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337 House v The King (1936) 55 CLR 499 Samsung Electronics Co Ltd v Apple Inc [2013] FCAFC 138
Date of hearing: Determined on the papers
Date of last submissions: 14 November 2016 (Applicant) The Respondent did not provide submissions
Registry: South Australia
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