WENTWORTH v WENTWORTH [1995] NSWCA 504

WENTWORTH v WENTWORTH [1995] NSWCA 504

As a result of having previously reached an adverse finding to Miss Wentworth, and being unable to say any perception of bias she holds would be unreasonable, Cole JA determined that, consistently with the Livesey test, he should disqualify himself from sitting in any further matters involving Miss Wentworth.

Source-derived case information.

Parties
Appellant: Miss Wentworth; Respondent: Mr Wentworth
Jurisdiction
Australia
Judgment Date
07 September 1995
Procedural Posture
Application / Application for Disqualification Due to Bias
Outcome
Cole JA disqualified himself from hearing any further matters involving Miss Wentworth.
Legal Topics
Perceived Bias, Disqualification of Judge, Family Provision Act 1982
Judicial Bias Appeal Procedure Perceived Bias Disqualification of Judge Family Provision Act 1982

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Miss Wentworth

Appellant

Mr Wentworth

Respondent

Procedural Posture

Application / Application for Disqualification Due to Bias

Legal Issues

  1. 1 Whether Cole JA should disqualify himself on grounds of actual or perceived bias in future matters involving Miss Wentworth

Ratio Decidendi

As a result of having previously reached an adverse finding to Miss Wentworth, and being unable to say any perception of bias she holds would be unreasonable, Cole JA determined that, consistently with the Livesey test, he should disqualify himself from sitting in any further matters involving Miss Wentworth.

Court Disposition

Cole JA disqualified himself from hearing any further matters involving Miss Wentworth.

Orders

  • Cole JA disqualified himself from future matters involving Miss Wentworth.