WU (By his next friend Xiao Ying WU) v DEVINDER [1998] NSWCA 267

WU (By his next friend Xiao Ying WU) v DEVINDER [1998] NSWCA 267

The grounds of appeal were not established, as the trial judge's conduct did not give rise to a reasonable apprehension of bias, there was no denial of procedural fairness, the correct standard of proof was applied, and reasons for judgment were adequately exposed. The doubts and uncertainties expressed by the trial...

Source-derived case information.

Parties
Appellant: WU (By his next friend Xiao Ying WU); Respondent: DEVINDER
Jurisdiction
Australia
Judgment Date
25 March 1998
Procedural Posture
Appeal / Judgment After Hearing of Appeal
Outcome
appeal dismissed with costs
Legal Topics
Perceived Bias, Procedural Fairness, Standard of Proof, Duty to Give Reasons
Civil Procedure Perceived Bias Procedural Fairness Standard of Proof Duty to Give Reasons

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Parties

WU (By his next friend Xiao Ying WU)

Appellant

DEVINDER

Respondent

Procedural Posture

Appeal / Judgment After Hearing of Appeal

Legal Issues

  1. 1 Whether the trial judge ought to have disqualified herself for perceived bias
  2. 2 Whether there was a denial of procedural fairness
  3. 3 Whether the trial judge applied the wrong standard of proof

Ratio Decidendi

The grounds of appeal were not established, as the trial judge's conduct did not give rise to a reasonable apprehension of bias, there was no denial of procedural fairness, the correct standard of proof was applied, and reasons for judgment were adequately exposed. The doubts and uncertainties expressed by the trial judge related to credibility and factual findings, not legal error.

Court Disposition

appeal dismissed with costs

Orders

  • The appeal is dismissed with costs.