Federal Court of Australia
Federal Court of Australia
Ogbonna v CTI Logistics Limited (No 5) [2022] FCA 612 File number: WAD 226 of 2021
Judgment of: COLVIN J
Date of judgment: 23 May 2022
Date of publication of reasons: 24 May 2022
Catchwords: COURTS AND JUDICIAL SYSTEM - application to recuse for actual bias - where hearing took place via Microsoft Teams - where applicant was aware of hearing time and had previously participated in hearings using Microsoft Teams - where applicant failed to attend hearing - whether judge acted with actual bias - whether judge acted with apprehended bias - whether the matter should be heard by a different judge - application dismissed
Legislation: Federal Court of Australia Act 1976 (Cth) s 37AO
Cases cited: GetSwift Limited v Webb [2021] FCAFC 26; (2021) 283 FCR 328 Ogbonna v CTI Logistics Limited (No 2) [2022] FCA 75 Ogbonna v CTI Logistics Limited [2022] FCA 227 Re J.R.L; Ex parte C.J.L (1986) 161 CLR 342 Re Polites; Ex parte Hoyts Corporation Pty Ltd (1991) 173 CLR 78 Reid v Commercial Club (Albury) Ltd [2014] NSWCA 98
Division: General Division
Registry: Western Australia
National Practice Area: Other Federal Jurisdiction
Number of paragraphs: 22
Date of hearing: 23 May 2022
Counsel for the Applicant: The Applicant did not appear
Counsel for the Respondents: Mr CM Slater
Solicitor for the Respondents: Jackson McDonald
ORDERS WAD 226 of 2021
BETWEEN: CELESTINE OGBONNA Applicant
AND: CTI LOGISTICS LIMITED (ACN 008 778 925) First Respondent
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