Ferdinands v The State of South Australia [2016] FCA 1268

Ferdinands v The State of South Australia [2016] FCA 1268

Neither Kingsley Ferdinands Film Group nor South Australia Police are legal entities capable of suing or being sued; the proper applicant is Trevor Kingsley Ferdinands and the proper respondent is The State of South Australia; the grounds for disqualification of the judge for bias are not established.

Jurisdiction
Australia
Judgment Date
27 October 2016
Procedural Posture
Interlocutory Application / Orders and Reasons for Interlocutory Decisions
Outcome
second applicant's application for judicial disqualification dismissed; title of proceedings amended
Legal Topics
['joinder of Parties' 'disqualification for Bias' 'capacity to Sue' 'proper Respondent in Crown Proceedings']
['practice and Procedure' 'bankruptcy Law' 'copyright Law'] ['joinder of Parties' 'disqualification for Bias' 'capacity to Sue' 'proper Respondent in Crown Proceedings']

Case Brief

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Procedural Posture

Interlocutory Application / Orders and Reasons for Interlocutory Decisions

Legal Issues

  1. 1 ['whether the first applicant is a legal entity capable of suing' 'whether South Australia Police is a legal entity capable of being sued' 'whether the judge should be disqualified for bias or apprehended bias' 'proper party to sue in Crown proceedings']

Ratio Decidendi

Neither Kingsley Ferdinands Film Group nor South Australia Police are legal entities capable of suing or being sued; the proper applicant is Trevor Kingsley Ferdinands and the proper respondent is The State of South Australia; the grounds for disqualification of the judge for bias are not established.

Court Disposition

second applicant's application for judicial disqualification dismissed; title of proceedings amended

Orders

  • ["The second applicant's application for an order that the judge disqualify herself is dismissed." 'The title of the action be amended to remove the first applicant, name Trevor Kingsley Ferdinands as sole applicant, remove the first respondent, and name The State of South Australia as sole respondent.']