Federal Court of Australia
Federal Court of Australia
United Petroleum Pty Ltd v Perth Airport Pty Ltd [2025] FCA 40 File number(s): VID 260 of 2022
Judgment of: O'CALLAGHAN J
Date of judgment: 5 February 2025
Catchwords: PRACTICE AND PROCEDURE — recusal — reasonable apprehension of bias — whether fair-minded lay observer might reasonably apprehend that judge might not bring an impartial mind to the hearing of the proceeding
Cases cited: Charisteas v Charisteas (2021) 273 CLR 289 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337 Fried v National Australia Bank Ltd [2000] FCA 787 GetSwift Ltd v Webb (2021) 283 FCR 328 Trustees of Christian Brothers v Cardone (1995) 57 FCR 327
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Number of paragraphs: 16
Date of hearing: 4 February 2025
Counsel for the Applicants: N De Young KC with S Jenkins
Solicitor for the Applicants: Norton Rose Fulbright Australia
Counsel for the Respondent: J Taylor SC with P Walker
Solicitor for the Respondent: Allens
ORDERS VID 260 of 2022
BETWEEN: UNITED PETROLEUM PTY LTD (ACN 085 779 255) First Applicant
UNITED PETROLEUM AUSTRALIA PTY LTD (ACN 164 398 832) Second Applicant
AND: PERTH AIRPORT PTY LTD (ACN 077 153 130) Respondent
order made by: O'CALLAGHAN J DATE OF ORDER: 5 FEBRUARY 2025
THE COURT ORDERS THAT:
1. The trial before the Court as presently constituted be vacated. 2. The proceeding be referred to mediation by Senior National Judicial Registrar Legge on a date to be fixed. 3. If the proceeding does not resolve at mediation, it be listed for trial before another judge of the Court to commence on a date to be fixed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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