KATHERINE WENTWORTH v ALBERT JAMES DE MONTFORT SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL Hope, SAMUELS and MAHONEY JJA 15 June 1989 [1989] NSWCA 225 Hope and Samuels and Mahoney JJA (on application to call Mr Fawcett to give oral evidence - see p215 of transcript) THE COURT: Ms Wentworth has filed and sought to read an affidavit of Jamie Douglas Fawcett of 3 May 1989. The Court has allowed parl, par37, par38, par39, par40, par41, par42 and par43 of that affidavit but has rejected the others, principally on the grounds of relevance. Ms Wentworth now has sought leave to call Mr Fawcett to give further evidence in relation to matters referred to in par38, par39, par40 and par41. She has also sought leave to call him to give evidence about the matters referred to in par 44 of the affidavit, one of the rejected paragraphs, and also about what he heard at meetings of the finance committee which he attended. The Court sees no occasion to grant the leave and does not allow Ms Wentworth to call Mr Fawcett to give oral evidence.