Dranichnikov v Centrelink

[2002] FCA 1318

FEDERAL COURT OF AUSTRALIA

Dranichnikov v Centrelink [2002] FCA 1318

SERGEY DRANICHNIKOV AND OLGA DRANICHNIKOV v CENTRELINK AND BRIAN McKENNA, in his capacity as a Centrelink Recovery Officer

Q 148 OF 2002

DOWSETT J
16 OCTOBER 2002
BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	Q 148 OF 2002

BETWEEN:

SERGEY DRANICHNIKOV
FIRST APPLICANT

OLGA DRANICHNIKOV
SECOND APPLICANT

AND:

CENTRELINK
FIRST RESPONDENT

BRIAN McKENNA in his capacity as a Centrelink Recovery Officer
SECOND RESPONDENT

JUDGE:

DOWSETT J

DATE OF ORDER:

16 OCTOBER 2002

WHERE MADE:

BRISBANE

THE COURT ORDERS THAT:

1.        The motion of 16 October 2002 is refused.

Note:   Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	Q 148 OF 2002

BETWEEN:

SERGEY DRANICHNIKOV
FIRST APPLICANT

OLGA DRANICHNIKOV
SECOND APPLICANT

AND:

CENTRELINK
FIRST RESPONDENT

BRIAN McKENNA in his capacity as a Centrelink Recovery Officer
SECOND RESPONDENT

JUDGE:	DOWSETT J
DATE:	16 OCTOBER 2002
PLACE:	BRISBANE

REASONS FOR JUDGMENT

1. I do not consider that the mere filing of an application for an order nisi in the High Court should lead to a stay of these proceedings.  The other parties also have interests in them.  I consider the application, insofar as it has been explained to me, to be completely without substance.  There is an available inference that this is being done for no reason other than to bring about delay.  I abstain from drawing that inference for the moment.  I will not stay these proceedings simply because an application has been filed in the High Court. 

2. As to the question of disqualifying myself, I have previously dealt with this matter.  I observe that there are difficulties inevitably encountered where litigants appear for themselves.  There are difficulties for the litigants just as there are difficulties for their opponents; and there are difficulties for the Court.  It may be that it is not an enjoyable experience for a litigant-in-person.  I am sure that it generally is not.  However I am not conscious of anything that has passed between me and Mr and Mrs Dranichnikov, either in these proceedings or in earlier proceedings, which could lead them to have any reasonable apprehension of bias.  Indeed, it is not apprehension of bias that they seem to be alleging, but actual bias.  To accede to such application would, in my view, be to give to Mr and Mrs Dranichnikov the right to choose their judge. No litigant has that right.  I will not disqualify myself. 

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Dowsett.

Associate:

Dated:            24 October 2002

The First Applicant appeared In Person.
The Second Applicant appeared In Person.
Solicitor for the Respondents:	Minter Ellison
Date of Hearing:	16 October 2002
Date of Judgment:	16 October 2002