Ogbonna v CTI Logistics Limited [2021] FCA 1664

The grounds raised did not provide a foundation for a claim of actual bias or apprehension of bias relating to the judge's ongoing conduct; therefore, the recusal application was declined.

Jurisdiction: Australia
Judgment Date: 30 November 2021
Procedural Posture: Application for Summary Judgment / Case Management Hearing
Outcome: Application for recusal declined; procedural directions made for summary judgment applications.
Legal Topics: ['recusal of Judge' 'bias' 'case Management' 'application for Summary Judgment']

['bankruptcy'] ['recusal of Judge' 'bias' 'case Management' 'application for Summary Judgment']

Case Brief

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Procedural Posture

Application for Summary Judgment / Case Management Hearing

Legal Issues

1 ['Whether the judge should recuse himself for actual bias or apprehension of bias']

Ratio Decidendi

The grounds raised did not provide a foundation for a claim of actual bias or apprehension of bias relating to the judge's ongoing conduct; therefore, the recusal application was declined.

Court Disposition

Application for recusal declined; procedural directions made for summary judgment applications.

Orders

['On or before 17 January 2022, each party do file and serve a written outline of submissions of no more than 10 pages identifying affidavit material relied upon.' 'On or before 24 January 2022, each party do file and serve any written outline of submissions in response of no more than 5 pages.' 'Applications for...