ROGERS v WENTWORTH; WENTWORTH v ROGERS; WENTWORTH v ROGERS [1998] NSWCA 290

ROGERS v WENTWORTH; WENTWORTH v ROGERS; WENTWORTH v ROGERS [1998] NSWCA 290

An order refusing a judge's disqualification is not appellate in nature and is not susceptible to internal review in the Court of Appeal. Any issues of bias must be raised only following final judgment, not via interlocutory appeal. Thus, there are no grounds to delay the delivery of judgment pending such an appeal.

Parties
Claimant: Ms Wentworth; Respondent: Rogers
Jurisdiction
Australia
Judgment Date
21 October 1998
Procedural Posture
Civil / Interlocutory Motion; Appellate Review Sought of Refusals to Disqualify Judges; Consideration Whether to Delay Delivery of Reserved Judgment
Outcome
Applications to review refusal to disqualify dismissed as frivolous and vexatious; Court proceeds to deliver reserved judgment.
Legal Topics
Judicial Bias, Recusal and Disqualification, Appellate Review, Procedural Orders
Courts and Judges Procedure Judicial Bias Recusal and Disqualification Appellate Review Procedural Orders

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Parties

Ms Wentworth

Claimant

Rogers

Respondent

Procedural Posture

Civil / Interlocutory Motion; Appellate Review Sought of Refusals to Disqualify Judges; Consideration Whether to Delay Delivery of Reserved Judgment

Legal Issues

  1. 1 Are decisions by appellate judges refusing to disqualify themselves for apprehended bias subject to internal appellate review within the Court of Appeal of New South Wales?
  2. 2 Should the delivery of a reserved judgment be deferred pending attempted internal review of such recusals?

Ratio Decidendi

An order refusing a judge's disqualification is not appellate in nature and is not susceptible to internal review in the Court of Appeal. Any issues of bias must be raised only following final judgment, not via interlocutory appeal. Thus, there are no grounds to delay the delivery of judgment pending such an appeal.

Court Disposition

Applications to review refusal to disqualify dismissed as frivolous and vexatious; Court proceeds to deliver reserved judgment.

Orders

  • Ms Wentworth's notices of motion to review refusal to disqualify dismissed.
  • Application to review the like decision of Stein JA dismissed.