WENTWORTH v WENTWORTH [1991] NSWCA 280

WENTWORTH v WENTWORTH NEW SOUTH WALES SUPREME COURT COURT OF APPEAL

KIRBY P 17 September 1991, 17 September 1991 [1991] NSWCA 280

PRACTICE and PROCEDURE — Court of Appeal — competing appeals — orders for payment for appeal books — carriage of hearing

PRACTICE AND PROCEDURE — Court of Appeal — competing appeals — proper orders as to (a) hearing dates; (b) payment for appeal books; and (c) carriage and order of hearing determined — held: (a) Dates to be fixed by Registrar; (b) parties to pay half each of printing costs for appeal books; and (c) order of appeal hearing to be determined by Court hearing appeals. Supreme Court Act 1970, s46.

NATURE OF JURISDICTION: Motion for procedural orders heard by single Judge of Appeal

ORDERS

1. Fix the date for the hearing of the appeal upon a date to be assigned by the Registrar and signified subsequently to the parties;

2. Order that each party pay to the Registrar half of the costs for the printing of the appeal books;

3. Order the timetable for the filing of written submissions to be as follows:(a) The written submissions on the part of Miss Katherine Wentworth will be filed and served by 4 p.m. on Friday 18 October 1991;

(b) The written submissions on the part of Mr Peter Wentworth will be filed and served by 4 p.m. on Friday 1 November 1991;

(c) The written submissions, if any, in reply and served by 4 p.m. on by Miss Wentworth to be filed Friday 8 November 1991.

4. Grant liberty to either party to relist the matter upon two days notice to the other;

5. Order that the costs of this motion be costs in the respective appeals.

Kirby P There are three issues before me this morning. I am dealing with them because they are procedural matters and pursuant to s46(1) of the Supreme Court Act 1970.

ISSUES:

There are two appeals before the Court against a judgment entered by Bryson J in July. The first in point of time is an appeal by Mr Peter Wentworth. The second in point of time is an appeal by Miss Katherine Wentworth.