Toben v Jones [2002] FCAFC 158

Toben v Jones [2002] FCAFC 158

Application for leave to appeal was dismissed because there was no sufficient ground to doubt the correctness of the primary judge's orders or approach; allegations of bias were unsupported by evidence.

Jurisdiction
Australia
Judgment Date
21 May 2002
Procedural Posture
Application for Leave to Appeal (from Interlocutory Orders) / Appellate
Outcome
Application for leave to appeal dismissed with costs
Legal Topics
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Case Brief

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Procedural Posture

Application for Leave to Appeal (from Interlocutory Orders) / Appellate

Legal Issues

  1. 1 ["Whether the primary judge erred in refusing to adjourn proceedings due to the applicant's inability to obtain legal representation" 'Whether the primary judge should have disqualified herself for alleged bias']

Ratio Decidendi

Application for leave to appeal was dismissed because there was no sufficient ground to doubt the correctness of the primary judge's orders or approach; allegations of bias were unsupported by evidence.

Court Disposition

Application for leave to appeal dismissed with costs

Orders

  • ['The application for leave to appeal be dismissed.' "The applicant pay the respondent's costs."]