WENTWORTH v WENTWORTH; WENTWORTH v WENTWORTH EXECUTOR OF THE ESTATE OF THE LATE G N WENTWORTH; WENTWORTH v WENTWORTH [1995] NSWCA 506

WENTWORTH v WENTWORTH; WENTWORTH v WENTWORTH EXECUTOR OF THE ESTATE OF THE LATE G N WENTWORTH; WENTWORTH v WENTWORTH

SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

CLARKE JA 11 September 1995

[1995] NSWCA 506

Clarke JA. There are a number of notices of motion before the court, some brought by Miss Wentworth, some brought by Mr Wentworth, some brought by Mr Wentworth. The latter seeks an order that conditions be removed from a stay granted to him by Powell JA on 21 August. Miss Wentworth, for her part, seeks an order dissolving the stay on the ground that Mr Wentworth is not able to provide or to satisfy a condition of the story, and has, in some type of fraud on the court, obtained the stays knowing that he cannot meet the condition.

The present position is that the conditional stay has been extended until 9 October 1995. If, on that date, Mr Wentworth has not complied with the condition then, unless he is able to get a further extension, the stay will come to an end. The order extending the stay from 4 September to 9 October was made by consent but Miss Wentworth says — and I have no reason to disbelieve — that at the time sheconsented she did not realise that Mr Wentworth's financial situation was such that at no time since June 1995 could he comply with the condition.

Before saying what I propose to do with these applications, I should mention another application made by Miss Wentworth today consequent upon the filing, with leave, of a notice of motion in court today, which concerns a claim for injunctions restraining Mr Wentworth from disposing of his assets, which was dealt with by Bryson J late last week. She sought the injunctions, but was unsuccessful in her claims and she has now moved in this Court for a number of orders, including an order that his Honour's judgment be set aside and declared void ab initio.