WENTWORTH v WENTWORTH [1995] NSWCA 504

WENTWORTH v WENTWORTH

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL COLE JA

4 September 1995, 7 September 1995

[1995] NSWCA 504

Perceived bias-application of principles in Livesey v NSW Bar Association (1983) 151 CLR 288.

Cole JA On 24 August 1995 Powell JA, Giles AJA and I delivered reasons for judgment in matter number 40361 of 1994 being an appeal and cross-appeal by Miss Wentworth and Mr Wentworth from a decision of Santow J making further provision for Miss Wentworth pursuant to s8 Family Provision Act 1982 from the estate of her late father Each of the three judges who sat on that appeal reached a decision unfavourable to Miss Wentworth. Formal orders remain to be made in that appeal and the issue of costs has not been resolved. Accordingly I remain part-heard in that matter.

Before me on 4 September 1995 were two matters Pursuant to orders made by Powell JA on 21 August 1995 there was listed before a Judge of Appeal, as it turned out me, the motion upon which Powell JA had made an order staying a writ of execution on an order for costs provided Mr Wentworth paid to the Registrar security in the sum of $200,000 within fourteen days of 21 August 1995 or such longer time as a Judge of Appeal may allow. Mr Wentworth was seeking an extension of that time for providing that security upon the basis that the stay of writ of execution continued.

The second matter was a notice of motion by Miss Wentworth seeking expedition of the hearing of appeals in matters numbered 40374 of 1995 and 40377 of 1995.

When those matters were called on before me, Miss Wentworth made application that I not sit on either matter or, as I understood it, any future matter involving Miss Wentworth. The basis of the application was both established bias and reasonable apprehension of bias. I reserved on that application.