Spirits International B.V. v Federal Treasury Enterprise (FKP) Sojuzplodoimport [2013] FCAFC 106

Spirits International B.V. v Federal Treasury Enterprise (FKP) Sojuzplodoimport [2013] FCAFC 106

Leave to appeal should be granted and leave for the cross-respondent to file a rejoinder be permitted, but only in relation to the allegation of apprehended bias, as the particulars provided did not support an inference of actual bias. The adequacy of particulars is essential in pleadings of bias, and a clear distinction must be maintained between actual and apprehended bias. The cross-respondent's rejoinder is permitted with respect to apprehended bias only, with the particulars as amended, but not including those relating exclusively to actual bias.

Jurisdiction
Australia
Judgment Date
18 September 2013
Procedural Posture
Appeal / Application for Leave to Appeal; Determination of Appeal
Outcome
Application for leave to appeal granted; appeal allowed in part; cross-respondent granted leave to file rejoinder confined to apprehended bias allegations with specified particulars; primary judge's orders set aside to that extent.
Legal Topics
['leave to Appeal' 'particulars of Bias' 'issue Estoppel' 'recognition of Foreign Judgments']
['practice and Procedure'] ['leave to Appeal' 'particulars of Bias' 'issue Estoppel' 'recognition of Foreign Judgments']

Case Brief

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Procedural Posture

Appeal / Application for Leave to Appeal; Determination of Appeal

Legal Issues

  1. 1 ['Whether leave to appeal should be granted from a decision refusing leave to file a proposed rejoinder' 'Whether allegations of actual or apprehended bias in the Russian court decision were sufficiently particularised' 'Whether the particulars supporting bias or public policy allegations were adequate']

Ratio Decidendi

Leave to appeal should be granted and leave for the cross-respondent to file a rejoinder be permitted, but only in relation to the allegation of apprehended bias, as the particulars provided did not support an inference of actual bias. The adequacy of particulars is essential in pleadings of bias, and a clear distinction must be maintained between actual and apprehended bias. The cross-respondent's rejoinder is permitted with respect to apprehended bias only, with the particulars as amended, but not including those relating exclusively to actual bias.

Court Disposition

Application for leave to appeal granted; appeal allowed in part; cross-respondent granted leave to file rejoinder confined to apprehended bias allegations with specified particulars; primary judge's orders set aside to that extent.

Orders

  • ['The cross-respondent have leave to appeal from the judgment of the Court given on 15 February 2013.' "The appeal of the cross-respondent pursuant to the said leave be heard and determined instanter on the parties' submissions made on 12 and 13 August 2013." 'To the extent set out in the orders which follow, the...