Oknalux Pty Ltd v Wilczynski [2022] FCA 1152

Federal Court of Australia

Oknalux Pty Ltd v Wilczynski [2022] FCA 1152 File number(s): SAD 188 of 2020

Judgment of: O'SULLIVAN J

Date of judgment: 29 September 2022

Catchwords: PRACTICE AND PROCEDURE – interlocutory application seeking orders that the docket judge recuse himself from these proceedings on the basis of bias – whether the judge has prejudged the case against the applicants, or acted with such partisanship or hostility as to show that he had a mind made up against the applicant and was not open to persuasion in favour of the applicant – whether a fair-minded lay observer might reasonably apprehend that the judge might not bring an impartial mind to the resolution of the question the judge is required to decide – whether the allegation of bias is distinctly made and clearly proved – whether cogent evidence of bias was provided – where no basis to support allegations of actual or apprehended bias found – application for recusal refused

Legislation: Evidence Act 1995 (Cth), s 131(1) Federal Court of Australia Act 1976 (Cth), s 37AG Uniform Civil Rules (SA) 2020, rr 131(2), 131.1(1)

Cases cited: Charisteas v Charisteas [2021] HCA 29; (2021) 95 ALJR 824 Ebner v Official Trustee in Bankruptcy [2000] HCA 63, (2000) 205 CLR 337 Minister for Immigration and Multicultural Affairs v Jia Legeng [2001] HCA 17, (2001) 205 CLR 507 R v Australian Stevedoring Industry Board; Ex Parte Melbourne Stevedoring Co Pty Ltd [1953] HCA 22, (1953) 88 CLR 100 R v Rich (Ruling No 21) [2009] VSC 32 Sun Zhan Qui v Minister for Immigration and Ethnic Affairs (1990) 81 FCR 71 Zaltni v Minister for Immigration and Multicultural Affairs [2000] FCA 399