Cameron, B.A. & Anor Rural Press Ltd

[1991] FCA 708

JUDGMENT No. 7a.7 ...g.! ......,

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NW	-	O	S	1	No. NG521 of 1986
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BETWEEN:

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made for an adjournment of the proceedings. Both of those

SHEPPARD J.

RECEIVED

1 OCTOBER 1991 2 0 NOV 1991

FEDERAL COURT OF

AUSTRALIA PRINCIPAL REQlSTRV

W S O N S FOR JUD-

HIS HONOUR:  Yesterday in this matter two applications were

applications were refused by me. I published reasons for dismissing the first one; my reasons for the second decision will be published after I have received and considered the transcript of the evidence of Dr Demetriou to which I wish to refer with some accuracy. This morning Miss Cameron has asked me to disqualify myself from further hearing the case on the ground of bias, whether actual or apprehended I am not sure.

This matter proceeded for hearing on 25 and 26 July.

Both of those days were fully occupied with the tender of

document^ and with the leading of evidence. There was no

suggestion during either of those days that I should disqualify myself from hearing this case. The case was in the list for directions last Monday week. A number of things were discussed, but again there was no application that I should disqualify myself from the hearing. Yesterday no such application was made or foreshadowed when the questions of the adjournment of the matter were discussed.

If the matter had been adjourned it would have had to go to a date on which I would have been available to hear it. I

indicated the limits of my own availability until the end of the year and again there was no suggestion that I should not sit.

The one matter that has concerned me in this case is the fact that Mr nackay is a witness and that I have known Mr MacKay for very many years. This was a matter which I raised with the parties at a quite early stage when I realised this was the situation, and I offered not to sit in the matter. Miss Cameron strongly submitted that I should nevertheless i t , as she herself has said this morning, and that is the reason why I decided that I could sit and would embark on the hearing that has so far taken place.

The case is now part heard. I must do justice as between

the parties. The two days hearing that we have had will be lost if I now disqualify myself. In the light of the whole history of the matter, and there is a substantial history, all of which I believe ia recorded in the transcript that has been taken of the various directions hearings and other hearings that have taken place in the months that have elapsed since this particular application was foreshadowed, I take the view that I should not disqualify myself. The application that I do so is refused.

I c:en~t, iha t r ~ s and the w d n c i

pages are a true copy of the reasons for

ludgment herein of The Honourable

Mr Jusz;