Federal Court of Australia
Federal Court of Australia
Yushkova v Cook (Trustee), in the matter of the bankrupt estate of King (No 2) [2023] FCA 415 File number: QUD 401 of 2022
Judgment of: DERRINGTON J
Date of judgment: 24 April 2023
Date of publication of reasons: 3 May 2023
Catchwords: PRACTICE AND PROCEDURE – recusal – bias – reasonable apprehension of bias – prejudgment of issues – issues in substantive appeal identical to issues decided in relation to prior stay application in same proceeding – absence of evidence to support grounds of appeal – request for recusal granted
Cases cited: British American Tobacco Australia Services Ltd v Laurie (2011) 242 CLR 283 Charisteas v Charisteas (2021) 273 CLR 289 Yushkova v Cook (Trustee), in the matter of the bankrupt estate of King [2023] FCA 77
Division: General Division
Registry: Queensland
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 16
Date of hearing: 24 April 2023
Counsel for the Appellants: The Appellants appeared in person
Counsel for the Respondents: Ms SK Long
Solicitor for the Respondents: Bennett & Philp Lawyers
ORDERS QUD 401 of 2022 IN THE MATTER OF THE BANKRUPT ESTATE OF JEROME KING BETWEEN: LARISA IVANOVNA YUSHKOVA First Appellant
JEREMY DAVID ALLEN KING Second Appellant
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