Event and Time
Event Description
- Parties Involved: Mr. Dishman (the applicant) vs. Ms. Dishman (the respondent).
- Nature of the Case: Family law appeal concerning a property settlement.
- Context: The applicant sought to appeal the dismissal of his application for the primary judge to recuse himself, alleging apprehended bias.
- Timeline:
- Application filed: 5 December 2019. - Hearing date for recusal application: 23 September 2019. - Judgment delivered: 8 October 2019.
Application and Claims
- Initial Claim: The applicant requested the primary judge to recuse himself from the proceedings due to perceived bias.
- Filing Issue: The applicant failed to pay the required filing fee of $1,380 within the given 28-day period, rendering his Notice of Appeal void.
- Current Application: The applicant sought an extension of time to file a new Notice of Appeal and also requested permission to submit further written submissions and affidavit evidence.
Judicial Decisions
1. The applicant was granted leave to rely on certain submissions and affidavit but previously filed applications were dismissed. 2. The applicant was ordered to pay the respondent’s costs amounting to $3,960.
Dispute Points and Legal Basis
Dispute Points
- Applicant's Arguments:
- Claims of bias led to the request for recusal. - Belief that nonpayment of the filing fee could be remedied; did not receive an adequate opportunity to comply. - Seeking to file additional materials that could enhance his argument.
- Respondent's Arguments:
- Contends that the appeal application should be dismissed with costs due to the applicant's failure to adhere to procedural requirements. - No substantial new material presented in the applicant's additional submissions. - Respondent did not appear during certain hearings, reinforcing their position that the appeal lacks merit.