Wentworth v Graham

Case

[2003] NSWCA 240

29 August 2003


Details
AGLC Case Decision Date
Wentworth v Graham [2003] NSWCA 240 [2003] NSWCA 240 29 August 2003

CaseChat Overview and Summary

In *Wentworth v Graham*, the applicant sought to disqualify the judge from hearing the matter on the grounds of apprehended bias. The specific nature of the underlying dispute and the identity of the respondent, beyond the named party Graham, are not detailed in the provided text. The application was heard by the court.

The central legal issue before the court was whether there was a reasonable apprehension of bias on the part of the judge, such that their continued involvement in the proceedings would be contrary to the appearance of justice. This required the court to consider the objective test for apprehended bias, which involves assessing whether a fair-minded lay observer, having considered the facts, would apprehend that the judge might not bring an impartial mind to the issues before them.

The court's reasoning, as indicated by the outcome, was that no such apprehension of bias was established. The application was therefore dismissed. The specific facts or evidence that led the court to this conclusion are not elaborated upon in the provided text.
Details

Areas of Law

  • Civil Procedure

  • Administrative Law

Legal Concepts

  • Judicial Review

  • Natural Justice

  • Procedural Fairness

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Cases Citing This Decision

12

Cases Cited

1

Statutory Material Cited

0

Ryan v Ross [1916] HCA 43
Ryan v Ross [1916] HCA 43