WENTWORTH v RARES [1989] NSWCA 228

WENTWORTH v RARES SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL Hope AJA

11 December 1989

[1989] NSWCA 228

Hope AJA On 23 July 1986 Mr Justice Waddell, Chief Judge in Equity, gave his decision in proceedings for contempt instituted by the present opponent Ms Wentworth against the claimant, Mr Rares. His Honour dismissed the summons or other proceedings.

On or about 1 August 1986 Ms Wentworth appealed to the Court of Appeal against his Honour's decision. The present application is made by Mr Rares asking for orders that the appeal be dismissed for want of prosecution, or alternatively that Ms Wentworth pay to the Registrar the sum of $600 to enable appeal books to be printed and that a timetable be established in respect of further steps to be taken by the opponent in relation to the appeal. It is also asked that if any such timetable be not complied with, the appeal stand dismissed for want of prosecution.

Ms Wentworth received a letter from the Registrar dated 16 October 1989 asking that she pay the amount of $600 to enable the appeal books to be printed, the payment to be paid within seven days of receipt of the letter. Ms Wentworth has not paid the amount although she has claimed there are some reasons why she should not have done so.

In my opinion in the circumstances it is not an appropriate case in which to order that the appeal should be dismissed for want of prosecution. Ms Wentworth is now ready to pay the sum of $600 to the Registrar, and I order that she pay that sum to the Registrar by 4 pm on Wednesday 13 December 1989. Once that sum has been paid the appeal books will be printed and the matter will be put in a call over list for the fixing of a date.

It does not seem to me that there is any occasion now go fix a timetable, but in the alternative the claimant has sought at the hearing of this application an order that the appeal be expedited. Since the contempt proceedings were heard in 1986 and the appeal put on within the appropriate time, it would seem to me that this is a proper case where the appeal should be expedited and I order accordingly.