Budini v Sunnyfield (No 2) [2020] FCA 988

FEDERAL COURT OF AUSTRALIA

Budini v Sunnyfield (No 2) [2020] FCA 988 File number: SAD 266 of 2018

Judge: CHARLESWORTH J

Date of judgment: 15 July 2020

Catchwords: PRACTICE AND PROCEDURE – application for disqualification on grounds of apprehended bias – whether an apprehension of bias arises on a costs application in circumstances where criticisms of a party have previously been expressed in reasons for judgment dismissing a substantive application – whether criticisms of party unnecessary, unwarranted or made without warning – whether criticised conduct relevant to the outcome of the costs application – application for disqualification dismissed PRACTICE AND PROCEDURE – where litigation representative of first applicant also named as second applicant in his own name and right – whether upon dismissal of an application the first and second applicants should be made jointly and severally liable for the respondents' costs – first applicant suffering from a mental incapacity – purpose of litigation representative – no basis for imposing liability for costs upon the first applicant – observations of the rights of indemnity of a litigation representative against the property of the disabled person COSTS – where application for leave to commence an application under the Australian Human Rights Commission Act 1986 (Cth) dismissed for reasons including that the claim had no reasonable prospects of success – where serious allegations made without proper evidentiary foundation – order for indemnity costs warranted

Legislation: Australian Consumer Law s 237 Australian Human Rights Commission Act 1986 (Cth) ss 46PH, 46PO Civil Dispute Resolution Act 2011 (Cth) s 7 Disability Discrimination Act 1992 (Cth) Federal Court of Australia Act 1976 (Cth) s 43 Judiciary Act 1903 (Cth) s 79 Federal Court Rules 2011 (Cth) rr 9.61, 40.01, 40.02, 40.03, 40.13, Div 40.2 Trustee Act 1925 (NSW)