Wentworth v Graham & Anor [2003] NSWCA 226

Wentworth v Graham & Anor [2003] NSWCA 226

Ipp JA dismissed the application because each asserted ground was unsupported. His remaining in court and commenting only on matters occurring in his presence did not demonstrate bias; the transcript showed Miss Wentworth's submissions while he was present on 6 June 2002 were confined, apart from admissibility and related procedural matters, to Brownie AJA's alleged conduct on 7 November 2001; the comments in the 26 February 2003 judgment were directed only to allegations about events in Ipp JA's presence and were warranted; the one-hour oral limit was fair in light of prior filed material and the opportunity to file written submissions; and the later allegations of threatening or...

Jurisdiction
Australia
Judgment Date
29 August 2003
Procedural Posture
Application for Judge to Disqualify Himself on Grounds of Bias / Hearing of Notice of Motion Filed 4 June 2003 in Application for Leave to Appeal From a Decision of Ireland J
Outcome
Application dismissed.
Legal Topics
['judicial Disqualification' 'apprehended Bias' 'actual Bias' 'procedural Fairness' 'natural Justice' 'case Management Directions']
['practice and Procedure'] ['judicial Disqualification' 'apprehended Bias' 'actual Bias' 'procedural Fairness' 'natural Justice' 'case Management Directions']

Case Brief

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Procedural Posture

Application for Judge to Disqualify Himself on Grounds of Bias / Hearing of Notice of Motion Filed 4 June 2003 in Application for Leave to Appeal From a Decision of Ireland J

Legal Issues

  1. 1 ["Whether Ipp JA should disqualify himself because he remained in court while submissions were made concerning Brownie AJA's alleged conduct on 7 November 2001 and later commented on that conduct." "Whether Ipp JA's statement in his reasons of 26 February 2003 that allegations made by Miss Wentworth were false and mischievous demonstrated bias." 'Whether statements made by Ipp JA during directions and hearing exchanges on 13 May 2003 and 11 August 2003 demonstrated bias.' 'Whether limiting oral argument on the disqualification applications to one hour, with provision for written submissions, denied procedural fairness or demonstrated bias.' 'Whether alleged threatening, oppressive, rude, bullying or sarcastic conduct by Ipp JA required disqualification.']

Ratio Decidendi

Ipp JA dismissed the application because each asserted ground was unsupported. His remaining in court and commenting only on matters occurring in his presence did not demonstrate bias; the transcript showed Miss Wentworth's submissions while he was present on 6 June 2002 were confined, apart from admissibility and related procedural matters, to Brownie AJA's alleged conduct on 7 November 2001; the comments in the 26 February 2003 judgment were directed only to allegations about events in Ipp JA's presence and were warranted; the one-hour oral limit was fair in light of prior filed material and the opportunity to file written submissions; and the later allegations of threatening or...

Court Disposition

Application dismissed.

Orders

  • ['Application dismissed.']