Sebel Furniture Limited v Acoustic & Felts Pty Limited (No 2) [2009] FCA 291

Sebel Furniture Limited v Acoustic & Felts Pty Limited (No 2) [2009] FCA 291

The application for disqualification is refused because the only claims remaining for hearing no longer involve the subject matter or evaluative comparisons that formed the basis of the applicant's apprehended bias argument; thus, a fair-minded lay observer would not reasonably apprehend bias in the judge hearing the remaining aspects of the case.

Jurisdiction
Australia
Judgment Date
01 April 2009
Procedural Posture
Practice and Procedure Application (apprehended Bias) / Interlocutory Application Determination Prior to Final Hearing
Outcome
Application for disqualification of the judge refused
Legal Topics
['apprehended Bias' 'disqualification of Judge' 'interlocutory Application']
['practice and Procedure'] ['apprehended Bias' 'disqualification of Judge' 'interlocutory Application']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Practice and Procedure Application (apprehended Bias) / Interlocutory Application Determination Prior to Final Hearing

Legal Issues

  1. 1 ['Whether the judge who made findings in an interlocutory application should be disqualified from hearing the final proceedings on grounds of apprehended bias']

Ratio Decidendi

The application for disqualification is refused because the only claims remaining for hearing no longer involve the subject matter or evaluative comparisons that formed the basis of the applicant's apprehended bias argument; thus, a fair-minded lay observer would not reasonably apprehend bias in the judge hearing the remaining aspects of the case.

Court Disposition

Application for disqualification of the judge refused

Orders

  • ["The applicant's application that Foster J not sit as the judge hearing and determining the final hearing is refused." "The costs of the application are the respondent's costs in the proceedings."]