Christian v Societe Des Produits Nestle SA (No 1) [2015] FCAFC 152

Christian v Societe Des Produits Nestle SA (No 1) [2015] FCAFC 152

The matters relied on by Mr Christian could not establish actual bias or apprehended bias. The adverse interlocutory decisions did not show a closed mind, the joinder decisions were based on evidence concerning the interests in the MUSASHI Registered Marks as at 21 September 2015, and the alleged professional and chambers connections were indirect, remote or unsupported and had no logical connection to any feared departure from impartial decision-making.

Jurisdiction
Australia
Judgment Date
04 November 2015
Procedural Posture
Appeal From the Federal Circuit Court of Australia; Interlocutory Application for Recusal / Interlocutory Application Dated 23 September 2015 Determined on the Papers
Outcome
The interlocutory application dated 23 September 2015 was dismissed, with no order as to costs.
Legal Topics
['actual Bias' 'apprehended Bias' 'joinder of Parties' 'trade Marks' 'federal Court Rules 2011 (cth) R 9.09(2)']
['civil Procedure' 'judicial Bias and Recusal' 'intellectual Property'] ['actual Bias' 'apprehended Bias' 'joinder of Parties' 'trade Marks' 'federal Court Rules 2011 (cth) R 9.09(2)']

Case Brief

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Procedural Posture

Appeal From the Federal Circuit Court of Australia; Interlocutory Application for Recusal / Interlocutory Application Dated 23 September 2015 Determined on the Papers

Legal Issues

  1. 1 ['Whether Bennett J should recuse herself on the ground of actual bias.' 'Whether Bennett J should recuse herself on the ground of apprehended bias arising from alleged connections with 5 Wentworth Chambers, counsel, and solicitors for the respondents/cross-appellants.' 'Whether adverse interlocutory decisions concerning amendment, adjournment and joinder could support an allegation of actual or apprehended bias.']

Ratio Decidendi

The matters relied on by Mr Christian could not establish actual bias or apprehended bias. The adverse interlocutory decisions did not show a closed mind, the joinder decisions were based on evidence concerning the interests in the MUSASHI Registered Marks as at 21 September 2015, and the alleged professional and chambers connections were indirect, remote or unsupported and had no logical connection to any feared departure from impartial decision-making.

Court Disposition

The interlocutory application dated 23 September 2015 was dismissed, with no order as to costs.

Orders

  • ['The interlocutory application dated 23 September 2015 be dismissed.' 'There be no order as to costs.']