Expectation Pty Ltd v PRD Realty Pty Ltd & Anor (No. 2) [2006] FCA 392
No reasonable apprehension of bias arises from senior counsel's appointment as Chief Justice of the Supreme Court of Western Australia where there is neither a logical nor a structural connection which might diminish the impartiality of a Federal Court judge; thus, there are no sufficient grounds for adjourning the trial on this basis.
- Jurisdiction
- Australia
- Judgment Date
- 07 April 2006
- Procedural Posture
- Notice of Motion (application to Adjourn Trial) / Interlocutory Application Before Trial
- Outcome
- Application (Notice of Motion) dismissed
- Legal Topics
- ['apprehended Bias' 'adjournment of Trial' 'impartiality of Judge' 'appearance of Fairness' 'legal Representation by Appointee to Judiciary']
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Procedural Posture
Notice of Motion (application to Adjourn Trial) / Interlocutory Application Before Trial
Legal Issues
- 1 ["Whether the trial should be adjourned on the ground of apprehended bias due to applicant's counsel's appointment as Chief Justice of Western Australia"]
Ratio Decidendi
No reasonable apprehension of bias arises from senior counsel's appointment as Chief Justice of the Supreme Court of Western Australia where there is neither a logical nor a structural connection which might diminish the impartiality of a Federal Court judge; thus, there are no sufficient grounds for adjourning the trial on this basis.
Court Disposition
Application (Notice of Motion) dismissed
Orders
- ['The Notice of Motion filed by the Respondents on 6 April 2006 is dismissed.' 'Costs of and incidental to the Notice of Motion are reserved.']
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment