Federal Court of Australia
Federal Court of Australia
Boomerang Investments Pty Ltd v Padgett (Recusal Application) [2021] FCA 1561 File number: NSD 1738 of 2017
Judgment of: PERRAM J
Date of judgment: 10 December 2021
Date of publication of reasons: 13 December 2021
Catchwords: PRACTICE AND PROCEDURE – recusal application –matter bifurcated into liability trial and damages trial – where adverse credit findings made against First and Second Respondents in liability judgment – whether reasonable apprehension of bias – whether delay in bringing recusal application amounted to waiver
Cases cited: Boomerang Investments Pty Ltd v Padgett (Liability) [2020] FCA 535 Ebner v Official Trustee in Bankruptcy [2000] HCA 63; 205 CLR 337
Division: General Division
Registry: New South Wales
National Practice Area: Intellectual Property
Sub-area: Copyright and Industrial Designs
Number of paragraphs: 12
Date of hearing: 7, 9 December 2021
Counsel for the Applicants: Mr M Hall SC with Ms J Beaumont
Solicitor for the Applicants: Banki Haddock Fiora
Counsel for the First and Second Respondents: Mr R Cobden SC with Mr W H Wu
Solicitor for the First and Second Respondents: Gilbert + Tobin
Counsel for the Third and Fourth Respondents: The Third and Fourth Respondents did not appear
Table of Corrections
13 December 2021 In paragraph 9, 'September 2017' has been replaced with 'September 2021'.
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