Wentworth v Rogers [2000] NSWCA 368

Wentworth v Rogers [2000] NSWCA 368

Handley JA declined to disqualify himself because prior adverse decisions against Miss Wentworth were not a ground for disqualification, and the new affidavit concerned alleged private conversations which were not admissible. The apprehended bias test is applied by reference to public conduct or other material objective facts, not private overheard conversations, and the proceedings involved appellate review of construction of costs orders rather than credit findings or a broad discretion.

Jurisdiction
Australia
Judgment Date
15 December 2000
Procedural Posture
Application for Disqualification in a Motion for Review / Renewed Application That Handley JA Disqualify Himself From Further Participation in the Hearing and Determination
Outcome
Application for disqualification dismissed
Legal Topics
['apprehended Bias' 'fair Minded Observer Test' 'admissibility of Evidence Concerning Judicial Conduct' 'private Conversations of Judges' 'review of Refusal of Leave to Appeal From Interlocutory Costs Decision']
['civil Procedure' 'judicial Disqualification' 'evidence'] ['apprehended Bias' 'fair Minded Observer Test' 'admissibility of Evidence Concerning Judicial Conduct' 'private Conversations of Judges' 'review of Refusal of Leave to Appeal From Interlocutory Costs Decision']

Case Brief

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Procedural Posture

Application for Disqualification in a Motion for Review / Renewed Application That Handley JA Disqualify Himself From Further Participation in the Hearing and Determination

Legal Issues

  1. 1 ['Whether Handley JA should disqualify himself from further participation in the hearing and determination of the motion for review.' 'Whether an affidavit recounting overheard private conversations between judges allegedly containing derogatory remarks about Miss Wentworth was admissible on the disqualification application.' 'Whether prior adverse decisions against Miss Wentworth by Handley JA or courts including him provided a ground for disqualification.']

Ratio Decidendi

Handley JA declined to disqualify himself because prior adverse decisions against Miss Wentworth were not a ground for disqualification, and the new affidavit concerned alleged private conversations which were not admissible. The apprehended bias test is applied by reference to public conduct or other material objective facts, not private overheard conversations, and the proceedings involved appellate review of construction of costs orders rather than credit findings or a broad discretion.

Court Disposition

Application for disqualification dismissed

Orders

  • ['Application for disqualification dismissed']