© 2026 Zoe. All rights reserved.
Zoe is a legal information platform. Always consult the Federal Register of Legislation for authoritative text.
[2021] FCA 1664
Federal Court of Australia
2021-11-30
Colvin J
Original judgment source is linked above.
COLVIN J: 1 Mr Ogbonna today makes an application that I should recuse myself on the grounds of, as I understand it, actual bias by reason of the reasons that I have delivered in the separate proceedings WAD 338 of 2019: Ogbonna v CTI Logistics Limited [2021] FCA 1491. He has raised complaints in relation to the reasoning of that matter, in relation to whether I applied the relevant provisions of the Bankruptcy Act 1966 (Cth), as to whether I properly excluded material and whether I relied on material which he described as being tainted. Each of those matters are matters which go to the mode of reasoning and the manner in which the hearing was conducted and are matters which Mr Ogbonna is able to raise upon appeal. 2 In my view, none of them raise issues which might provide a foundation for a claim in relation to my ongoing conduct of these separate proceedings that there is either actual bias or an apprehension of bias, and for those reasons, I decline his application and we will proceed today with the case management hearing. 3 So I will now proceed to make directions about the listing of the matter. In relation to Mr Ogbonna's position as to this matter - he seeks to have it heard more urgently - there is very limited time available, and I have to make an assessment as to how matters can be listed in relation to the time that is available. The next available time for ordinary listing of matters in my docket is 3 February 2022, and I am not persuaded that the issues in this case are such that steps should be taken to see whether there is available another judge who might be able to hear the matter more urgently. So for those reasons the matter will be listed on 3 February 2022. I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Colvin.
Ogbonna
CTI Logistics Limited