Ebner v The Official Trustee in Bankruptcy [2000] HCA 63

HIGH COURT OF AUSTRALIA

GLEESON CJ,

GAUDRON, McHUGH, GUMMOW, KIRBY, HAYNE AND CALLINAN JJ

MAXWELL WILLIAM EBNER APPELLANT

AND

THE OFFICIAL TRUSTEE IN BANKRUPTCY RESPONDENT

Ebner v The Official Trustee in Bankruptcy [2000] HCA 63

7 December 2000

M131/1999

ORDER

Appeal dismissed with costs.

On appeal from the Federal Court of Australia

Representation:

G T Bigmore QC with M N C Harvey for the appellant (instructed by Clayton Utz)

J B R Beach QC with M Clarke for the respondent (instructed by Deacons)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

HIGH COURT OF AUSTRALIA

GLEESON CJ,

GAUDRON, McHUGH, GUMMOW, KIRBY, HAYNE AND CALLINAN JJ

CLENAE PTY LTD & ORS APPELLANTS

AND

AUSTRALIA AND NEW ZEALAND

BANKING GROUP LIMITED RESPONDENT

Clenae Pty Ltd v ANZ Banking Group Ltd

7 December 2000

M2/2000

ORDER

Appeal dismissed with costs.

On appeal from the Supreme Court of Victoria

Representation:

F M Douglas QC with K M Connor and W D H Walsh for the appellants (instructed by McKean & Park)

D F Jackson QC with R L Berglund QC for the respondent (instructed by Blake Dawson Waldron)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Ebner v The Official Trustee in Bankruptcy

Clenae Pty Ltd v ANZ Banking Group Ltd

Courts and judges – Bias – Reasonable apprehension of bias – Direct or indirect shareholding by judge in a corporation which is a party to litigation or financially interested in its outcome – Whether judge automatically disqualified – Principles governing disqualification – Disclosure – Relationship between principles governing disqualification and requirement of disclosure – Necessity – Whether there is a principle of necessity – Circumstances for operation of principle of necessity.