ATTORNEY-GENERAL IN AND FOR THE STATE OF NEW SOUTH WALES v WENTWORTH [1988] NSWCA 8

ATTORNEY-GENERAL IN AND FOR THE STATE OF NEW SOUTH WALES v WENTWORTH

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

Hope JA 26 February 1988 [1988] NSWCA 8

application for interim order

Hope JA In this matter Ms Wentworth has handed to me, and I have read, a notice of motion returnable in the Common Law Division of the Court on Monday 29 February 1988. Among other things that notice of motion seeks an order that the Attorney-General be restrained from having access to certain documents held by the Court or in the Court Registry or otherwise within the Court. Ms Wentworth applied to the Common Law Division for an interim order pending the hearing of that notice of motion and Roden J, who I am told is the duty judge, either did not deal with the matter or declined to make any order.

Ms Wentworth has come to this Court seeking an interim order, on the basis that she will apply for leave to appeal to this Court from what she regards as the deemed or imputed refusal of her application by Roden J, pending the determination by this Court of that application for leave to appeal and any appeal, if leave be granted.

Mr Einfeld, who appears for the Attorney-General, has agreed that the Attorney-General will not seek access to any files held by the Registrar or to any document lodged in pursuance of subpoenas in the Court before and including 29 February 1988. I note that he has also informed the Court that the Attorney-General's ability to provide particulars may be delayed or otherwise affected by observing this agreement.

Having heard the parties and noting what I have just said, I make no order other than that the costs of today's application be reserved to the Judge of the Common Law Division hearing the notice of motion returnable on 29 February

1988. I have been handed the Common Law file. This file should be returned to the Common Law Division and I direct that that be done forthwith.