Federal Court of Australia
Federal Court of Australia
De Varda v Scott in his capacity as the trustee of the bankrupt estate of de Varda (Recusal application) [2022] FCA 170 File number(s): NSD 922 of 2021
Judgment of: RARES J
Date of judgment: 18 February 2022
Catchwords: COURTS AND JUDGES – application for recusal – whether fair minded observer might reasonably apprehend that judge might not bring an impartial mind to the hearing of proceeding – Held: application dismissed
Legislation: Bankruptcy Act 1966 (Cth) ss 178 and 179
Cases cited: Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337 Johnson v Johnson (2000) 201 CLR 488 Livesey v New South Wales Bar Association (1983) 151 CLR 288 Reckitt Benckiser Healthcare (UK) Ltd v GlaxoSmithKline Australia Pty Ltd (No. 3) [2013] FCA 1043 The Queen v Commonwealth Conciliation and Arbitration Commission; Ex parte The Angliss Group (1969) 122 CLR 546 Tov-Lev and Others v Lowbeer [2014] HCASL 166 Tov-Lev v Lowbeer (No. 2) [2014] FCA 379 Tov-Lev v Lowbeer [2014] FCA 360
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 29
Date of hearing: 18 February 2022
Solicitor for the Applicant: Heathfield Grosvenor Lawyers Pty Ltd
Counsel for the Respondent: Mr A McInerney SC
Solicitor for the Respondent: DLA Piper Australia
ORDERS NSD 922 of 2021
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