Ogbonna v CTI Logistics Limited (No 5)

FEDERAL COURT OF AUSTRALIA

Ogbonna v CTI Logistics Limited (No 5) [2022] FCA 612

File number:

WAD 226 of 2021

Judgment of:

COLVIN J

Date of judgment:

23 May 2022

Date of publication of reasons:

24 May 2022

Catchwords:

COURTS AND JUDICIAL SYSTEM - application to recuse for actual bias - where hearing took place via Microsoft Teams - where applicant was aware of hearing time and had previously participated in hearings using Microsoft Teams - where applicant failed to attend hearing - whether judge acted with actual bias - whether judge acted with apprehended bias - whether the matter should be heard by a different judge - application dismissed

Legislation:

Federal Court of Australia Act 1976 (Cth) s 37AO

Cases cited:

GetSwift Limited v Webb [2021] FCAFC 26; (2021) 283 FCR 328

Ogbonna v CTI Logistics Limited (No 2) [2022] FCA 75

Ogbonna v CTI Logistics Limited [2022] FCA 227

Re J.R.L; Ex parte C.J.L (1986) 161 CLR 342

Re Polites; Ex parte Hoyts Corporation Pty Ltd (1991) 173 CLR 78

Reid v Commercial Club (Albury) Ltd [2014] NSWCA 98

Division:

General Division

Registry:

Western Australia

National Practice Area:

Other Federal Jurisdiction

Number of paragraphs:

22

Date of hearing:

23 May 2022

Counsel for the Applicant:

The Applicant did not appear

Counsel for the Respondents:

Mr CM Slater

Solicitor for the Respondents:

Jackson McDonald

ORDERS

WAD 226 of 2021

BETWEEN:

CELESTINE OGBONNA

Applicant

AND:

CTI LOGISTICS LIMITED (ACN 008 778 925)

First Respondent

NEIL RASPA

Second Respondent

JUSTIN PETER SIMS

Third Respondent

THOMAS PETER WILSON
Fourth Respondent

DAVID ANDERSON MELLOR
Fifth Respondent

ORDER MADE BY:	COLVIN J
DATE OF ORDER:	23 MAY 2022

THE COURT ORDERS THAT:

1.For the purposes of today's hearing, and pursuant to s 47B of the Federal Court of Australia Act 1976 (Cth), parties are permitted to appear by way of video link using the Microsoft Teams platform.

2.The recusal application by the applicant is dismissed.

Note:   Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

COLVIN J:

1. Mr Celestine Ogbonna brought defamation proceedings in the District Court of Western Australia.  The proceedings were summarily dismissed.  An appeal to the Court of Appeal was also dismissed.  An application for special leave was refused.  Mr Ogbonna then claimed that there were conspiracies and perversions of the course of justice in respect of the determination of the proceedings in the District Court, the Court of Appeal and the High Court.  He brought proceedings in this Court in which he made those allegations.  He named as the respondents to those proceedings, the respondents to the defamation proceedings together with two lawyers who had acted for the respondents (Respondents).

2. The Respondents applied to summarily dismiss the proceedings in this Court. They also applied for orders pursuant to s 37AO of the Federal Court of Australia Act 1976 (Cth) prohibiting Mr Ogbonna from commencing proceedings against the Respondents or their lawyers. I determined that Mr Ogbonna's substantive…