Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Rush v Nationwide News Pty Limited (No 8) [2019] FCA 1382 File number: NSD 2179 of 2017
Judge: WIGNEY J
Date of judgment: 23 May 2019
Date of publication of reasons: 28 August 2019
Catchwords: PRACTICE AND PROCEDURE – application for recusal – application made after liability determined – whether fair-minded lay observer might reasonably apprehend that judge does not have an impartial mind to resolve the outstanding issue in the proceeding – where outstanding issue narrow in scope – where it was contended that findings and reasoning in liability judgment and interlocutory judgments gave appearance of bias – where cumulative effect of statements or findings relied upon to suggest a reasonable apprehension of bias – where no basis for finding that there was an appearance of bias upon consideration of the context of statements and whole of the judgments.
Legislation: Defamation Act 2005 (NSW) s 23
Cases cited: British American Tobacco Australia Services Ltd v Laurie [2011] HCA 2; 242 CLR 283 Concrete Pty Limited v Parramatta Design & Developments Pty Ltd [2006] HCA 55; 229 CLR 577 CUR24 v Director of Public Prosecutions [2012] NSWCA 65; 83 NSWLR 385 Doggett v Commonwealth Bank of Australia [2019] FCAFC 19 DOQ17 v Australian Financial Security Authority (No 2) [2018] FCA 1270; 363 ALR 681 Downey v Acting District Court Judge Boulton (No 5) [2010] NSWCA 240 Ebner v Official Trustee in Bankruptcy [2000] HCA 63; 205 CLR 337 Hamod v State of New South Wales (No 11) [2008] NSWSC 967 IOOF Australia Trustees Ltd v SEAS Sapfor Forests Pty Ltd (1999) 78 SASR 151 Johnson v Johnson [2000] HCA 48; 201 CLR 488 Knaggs v Director of Public Prosecutions (NSW) [2007] NSWCA 83; 170 A Crim R 366 Laws v Australian Broadcasting Tribunal (1990) 170 CLR 70 R v George (1987) 9 NSWLR 527 Re J.R.L.; Ex parte C.J.L (1986) 161 CLR 342 Royal Guardian Mortgage Management Pty Ltd v Nguyen [2016] NSWCA 88; 332 ALR 128 Rush v Nationwide News Pty Ltd [2018] FCA 357; 359 ALR 473 Rush v Nationwide News Pty Ltd (No 2) [2018] FCA 550; 359 ALR 564 Rush v Nationwide News Pty Ltd (No 4) [2018] FCA 1558 Rush v Nationwide News Pty Ltd (No 5) [2018] FCA 1622 Rush v Nationwide News Pty Ltd (No 6) [2018] FCA 1851 Rush v Nationwide News Pty Ltd (No 7) [2019] FCA 496 Spalla v St George Wholesale Finance Pty Ltd [2006] FCA 416 SZCOS v Minister for Immigration & Citizenship [2008] FCA 570 Vakauta v Kelly (1989) 167 CLR 568
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