Wentworth v Rogers

In the Federal Court, Wentworth brought an application against Rogers, seeking to set aside a judgment and orders made by Justice Smith due to an alleged failure to disclose matters that purportedly led to a reasonable apprehension of actual bias. Wentworth further sought that Justice Smith disqualify himself from any future proceedings, on the basis that his statements on fact and law in the earlier proceedings were said to ground a reasonable apprehension of prejudgment.

The court was tasked with determining whether there were grounds to set aside the judgment and orders, and whether there was a reasonable apprehension of actual bias or prejudgment that warranted Justice Smith's disqualification from future proceedings. The court considered the principles of judicial impartiality and the threshold for establishing apprehended bias, particularly in the context of the duty of candour expected from judges.

The court found that there were no undisclosed matters that would have led to a reasonable apprehension of actual bias, nor did Justice Smith's statements on fact and law in the earlier proceedings ground such an apprehension. The court held that the application to set aside the judgment and orders was without merit, and that there was no reasonable apprehension of prejudgment warranting Justice Smith's disqualification from future proceedings. Consequently, the application was dismissed in its entirety.