WENTWORTH v WENTWORTH [1995] NSWCA 502

WENTWORTH v WENTWORTH

SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

PRIESTLEY JA, HANDLEY JA and POWELL JA 9 June 1995

[1995] NSWCA 502

Priestley JA, Handley JA and Powell JA. Before the court are applications for leave to appeal against interlocutory decisions of Young J made on 12 December 1994 and 6 March 1995.

The court has decided to grant leave to appeal in both matters and therefore need say nothing more about them at this stage.

However, we think it may be useful to observe that the granting of leave is not a departure from the court's practice of granting leave sparingly from interlocutory decisions. In the present cases there are reasons a little out of the ordinary which have led us to our decision.

In regard to the judgment of 12 December 1994, the court has formed the view that there may be problems in the reasoning which could cause continuing difficulties in the further conduct of proceedings between the parties, making it

appropriate for the matter to be looked at on appeal.

In regard to the judgment of 6 March 1995, an important matter of general principle is involved, which warrants this court's attention.

The parties had agreed that if the court came to the conclusion that leave should be granted in regard to the later judgment, the court should then proceed to deal with the appeal without further argument or provision of further materials. However the parties did not agree to that course in regard to the earlier judgment.

In the circumstances, the court is of the view that the two matters should continue to be heard together, and accordingly makes no other orders at this stage than that leave to appeal should be granted in respect of each judgment, the costs of the applications for leave to be costs in the appeals.

The court is also of the view that category C expedition should be granted to the hearing of the appeals.