Collier v Telstra Corporation Ltd [2018] FCA 1569

Collier v Telstra Corporation Ltd [2018] FCA 1569

Leave to appeal was refused because the applicant did not establish sufficient doubt about the correctness of the Federal Circuit Court judge's interlocutory decision, did not show that substantial injustice would result if leave were refused, and did not establish either apprehended bias under the Ebner test or actual bias. The primary judge's procedural management, refusal to recuse, refusal to transfer the matter back to the Federal Court, and decision to deal with the application in the applicant's absence were open on the material.

Jurisdiction
Australia
Judgment Date
18 October 2018
Procedural Posture
Application for Leave to Appeal an Interlocutory Judgment Pursuant to S 24(1 A) of the Federal Court of Australia Act 1976 (cth) / Leave to Appeal From Federal Circuit Court Judgment Refusing Recusal and Dismissing an Application in a Case
Outcome
Leave to appeal refused; application dismissed with costs.
Legal Topics
['leave to Appeal Interlocutory Judgment' 'apprehended Bias' 'actual Bias' 'recusal' 'transfer From Federal Court to Federal Circuit Court' 'self Represented Litigant' 'costs']
['practice and Procedure' 'federal Jurisdiction' 'consumer Law'] ['leave to Appeal Interlocutory Judgment' 'apprehended Bias' 'actual Bias' 'recusal' 'transfer From Federal Court to Federal Circuit Court' 'self Represented Litigant' 'costs']

Case Brief

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Procedural Posture

Application for Leave to Appeal an Interlocutory Judgment Pursuant to S 24(1 A) of the Federal Court of Australia Act 1976 (cth) / Leave to Appeal From Federal Circuit Court Judgment Refusing Recusal and Dismissing an Application in a Case

Legal Issues

  1. 1 ['Whether leave should be granted to appeal an interlocutory judgment of the Federal Circuit Court.' 'Whether the primary judge erred in refusing to recuse himself for apprehended bias.' 'Whether the materials established actual bias by the primary judge.' "Whether the primary judge erred in refusing to adjourn and proceeding in the applicant's absence." 'Whether the primary judge erred in refusing to transfer the proceeding back to the Federal Court.' 'Whether communications by the Court, its staff or the respondents supported allegations of harassment, privacy breach or improper conduct.']

Ratio Decidendi

Leave to appeal was refused because the applicant did not establish sufficient doubt about the correctness of the Federal Circuit Court judge's interlocutory decision, did not show that substantial injustice would result if leave were refused, and did not establish either apprehended bias under the Ebner test or actual bias. The primary judge's procedural management, refusal to recuse, refusal to transfer the matter back to the Federal Court, and decision to deal with the application in the applicant's absence were open on the material.

Court Disposition

Leave to appeal refused; application dismissed with costs.

Orders

  • ['Leave to appeal is refused.' 'The application for leave to appeal is dismissed.' 'The applicant must pay the costs of the first and second respondent as agreed or taxed.']