NSW Caselaw
New South Wales Supreme Court
CITATION : ASIC v Sigalla [2010] NSWSC 570
HEARING DATE(S) : 01/06/10
JUDGMENT DATE : 1 June 2010
JURISDICTION : Equity Division Corporations List
JUDGMENT OF : Barrett J
DECISION : I accede to the application of Andrew Sigalla that I disqualify myself from hearing the further amended interlocutory process and further amended statement of charge filed by Australian Securities and Investments Commission on 24 May 2010 alleging contempt of court by him.
CATCHWORDS : PROCEDURE - courts and judges generally - disqualification for apprehended bias - alleged contempt of court - findings as to alleged contemnor's probity made on an earlier occasion
CATEGORY : Procedural and other rulings
Ebner v Official Trustee in Bankruptcy [2000] HCA 63; (2000) 205 CLR 337 Livesey v New South Wales Bar Association [1983] HCA 17; (1983) 151 CLR 288 CASES CITED : Southern Equities Corporation Ltd v Bond [2000] SASC 450; (2000) 78 SASR 339 TZ Ltd v ZMS Investments Pty Ltd [2009] NSWSC 1465 TZ Ltd v ZMS Investments Pty Ltd [2010] NSWSC 196
Australian Securities and Investments Commission - Plaintiff Andrew Sigalla - First Defendant PARTIES : John Falconer - Second Defendant Michael Otten - Third Defendant BZI Pty Ltd - Fourth Defendant Dunbar Associates Ltd - Fifth Defendant
FILE NUMBER(S) : SC 2009/290316
COUNSEL : Mr D R Stack - Plaintiff Mr R J Bromwich SC/Mr C A Botsman - First Defendant/Applicant
SOLICITORS : Mr Conrad Gray - Plaintiff Bridges Lawyers - First Defendant/Applicant
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