Wentworth v Graham & Anor [2003] NSWCA 240

New South Wales Court of Appeal

CITATION : Wentworth v Graham & Anor [2003] NSWCA 240 HEARING DATE(S) : 11/8/03 JUDGMENT DATE : 29 August 2003

JUDGMENT OF : Brownie AJA at 1 DECISION : Application dismissed.

CATCHWORDS : PRACTICE AND PROCEDURE - Application for judge to disqualify himself on grounds of bias. Katherine Wentworth (Claimant) PARTIES : Geoffrey Graham (First Opponent) William Charles Wentworth (Second Opponent) FILE NUMBER(S) : CA 40277/00 Claimant: In Person COUNSEL : First Opponent: N/A Second Opponent: N/A SOLICITORS : Claimant: In Person First Opponent: O'Hara & Company

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL 40277/00

BROWNIE AJA

29 August 2003 KATHERINE WENTWORTH V GEOFFREY GRAHAM & ANOR Judgment BROWNIE AJA :

1 By notice of motion filed 4 June 2003 Ms Wentworth sought, amongst other things, an order that I be disqualified for apprehended bias. The grounds upon which she makes that application are spelt out in her written submissions dated 18 August 2002, which I will treat as a reference to 18 August 2003. Most of the grounds relied upon are no more than a reargument of propositions already ruled upon, and I will deal with them in the sequence in which they were first raised. 2 The case first came on for hearing on 7 November 2001, upon which date Ms Wentworth submitted that I should be disqualified for reasons of apprehended bias arising from the terms of my reasons for judgment given in the case Wentworth v Rogers , Court of Appeal, 5 May 1995, not reported. I declined to disqualify myself.