WENTWORTH v THE ESTATE OF WENTWORTH [1994] NSWCA 369

WENTWORTH v THE ESTATE OF WENTWORTH

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL COLE JA

4 November 1994

[1994] NSWCA 369

Cole JA Application has been made on _ behalf of the appellant/cross-respondent,Katherine Wentworth, to vacate the hearing date of the appeal in number 40361/1994 which at present is listed for hearing on Wednesday and Thursday of next week, 9 and 10 November 1994. This litigation has along history.

There was a s7 application some years ago under the Family Provision Act which resulted in an appeal to this Court and subsequently an unsuccessful application for leave to appeal to the High Court. That was followed by proceedings brought pursuant to s8 seeking an amendment or variation of the orders made in the s7 proceedings. Those proceedings were heard by Santow J early this year and concluded, as I recall, in June and July 1994. There was an application before this Court which was dealt with by me on 10 August 1994, which application was made by both parties, for expedition.

The appellant in that application appeared in person. The basis of the application for expedition on the appellant's part was that some degree of finality should be achieved and that there ought to be some certainty in her life. From the respondent estate's point of view the basis of expedition was that the affairs of Mr Wentworth were seriously disrupted and that orders which had been made by the trial judge had had and continued to have a deleterious effect on his personal and business life.

It is in those circumstances and having regard to the circumstances that the respondent by its appeal raises significant issues in relation tot he conduct of the trial that I determined that the matter should be given expedition and, indeed, it was given the highest category of expedition. Orders for expedition were made on 10 August. Subsequently, by arrangement with the parties and the court, the dates of 9 and 10 November were fixed.