Do v Kolsumdet Pty Ltd

[2023] FCA 592

FEDERAL COURT OF AUSTRALIA

Do v Kolsumdet Pty Ltd [2023] FCA 592

File number:

NSD 1355 of 2021

Judgment of:

BROMWICH J

Date of judgment:

2 June 2023

Date of publication of reasons:

6 June 2023

Catchwords:

PRACTICE AND PROCEDURE – application for recusal – application made in relation to hearing of defamation proceedings where applicants seeking for proceedings to be reallocated to another judge of the Federal Court of Australia – principles on recusal – held: application dismissed with applicants to pay respondents’ costs

Cases cited:

Ebner v Official Trustee in Bankruptcy [2000] HCA 63; 205 CLR 337

Johnson v Johnson [2000] HCA 48; 201 CLR 488

Division:

General Division

Registry:

New South Wales

National Practice Area:

Other Federal Jurisdiction

Number of paragraphs:

19

Date of hearing:

2 June 2023

Counsel for the First, Second and Third Applicants:

Mr R Rasmussen

Solicitor for the First, Second and Third Applicants:

O’Brien Criminal and Civil Solicitors

Counsel for the First, Third, Fourth, Fifth and Sixth Respondents:

Mr C Parkin

Solicitor for the First, Third, Fourth, Fifth and Sixth Respondents:

State Law Group

Counsel for the Second Respondent:

Ms J E McKenzie

Solicitor for the Second Respondent:

Hammond Nguyen Turnbull

ORDERS

NSD 1355 of 2021

BETWEEN:

JENNIFER DO

First Applicant

BELINDA NGUYEN

Second Applicant

JULIE NGUYEN

Third Applicant

AND:

KOLSUMDET PTY LTD ACN 150 631 333 TRADING AS SILVER PEARL (DAI LAM SON) SEAFOOD RESTAURANT

First Respondent

BAILEY WANG

Second Respondent

LIAN CHAISUMDET (and others named in the Schedule)

Third Respondent

ORDER MADE BY:	BROMWICH J
DATE OF ORDER:	2 JUNE 2023

THE COURT ORDERS THAT:

1.Paragraph 1 of the interlocutory application filed by the applicants and dated 19 May 2023 be dismissed.

2.The applicants pay the respondents’ costs of and incidental to that application.

3.Order 1 of the orders made by Justice Bromwich on 6 April 2023 (Orders) be varied for the applicants to file a reply to the second respondent’s defence to the further amended statement of claim by 4.00 pm on 7 June 2023, limited to answering any defences of honest opinion.

4.Any submission on the stance of a party in relation to transfer of this proceeding to Division 2 of the Federal Circuit and Family Court of Australia, pursuant to s 32AB of the Federal Court of Australia Act 1976 (Cth) and r 27.01(1) of the Federal Court Rules 2011 (Cth), limited to 3 pages, be emailed to the associate to Justice Bromwich by 4.00 pm on 13 June 2023, or such further time as may be allowed.

5.Order 3 of the Orders be varied for each party to file and serve the outlines of evidence of witnesses on which they bear the onus by 4.00 pm on 31 July 2023.

6.Order 4 of the Orders be varied for each party to file and serve the outlines of evidence of witnesses in reply by 4.00 pm on 1 September 2023.

7.Any interlocutory application seeking orders for discovery or interrogatories be filed and served by…