Wentworth v Graham

The applicant, Wentworth, sought to disqualify Justice Graham from hearing proceedings on the grounds of apprehended bias. The application was heard by Ipp JA in the Court of Appeal.

The central legal issue before Ipp JA was whether there was a reasonable apprehension that Justice Graham might not bring an impartial mind to the resolution of the question the court was required to decide. This required an objective assessment of the facts and circumstances surrounding the alleged bias.

Ipp JA applied the well-established test for apprehended bias, which requires considering whether a fair-minded lay observer, knowing the facts, would apprehend that the judge might not decide impartially. His Honour found that the material before him did not establish any conduct or circumstances that would lead such an observer to apprehend bias on the part of Justice Graham. Consequently, the application was dismissed.