WENTWORTH v ROGERS [1997] NSWCA 338

WENTWORTH v ROGERS [1997] NSWCA 338

There was no factual or legal basis for a reasonable apprehension of bias; prior unrelated legal work and personal associations did not require disqualification.

Parties
Applicant: Miss Wentworth; Respondent: Rogers
Jurisdiction
Australia
Judgment Date
21 April 1997
Procedural Posture
Application for Disqualification / Interlocutory
Outcome
application dismissed
Legal Topics
Judicial Disqualification, Bias, Apprehended Bias
Civil Procedure Judicial Disqualification Bias Apprehended Bias

Case Brief

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Parties

Miss Wentworth

Applicant

Rogers

Respondent

Procedural Posture

Application for Disqualification / Interlocutory

Legal Issues

  1. 1 Whether Beazley JA should disqualify herself from hearing the matter due to reasonable apprehension of bias.

Ratio Decidendi

There was no factual or legal basis for a reasonable apprehension of bias; prior unrelated legal work and personal associations did not require disqualification.

Court Disposition

application dismissed

Orders

  • The application for disqualification is dismissed.