WENTWORTH v WENTWORTH [1995] NSWCA 508

WENTWORTH v WENTWORTH SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

PRIESTLEY JA

5 October 1995

[1995] NSWCA 508

Priestley JA. On 24 August 1995 the Court of Appeal handed down reasons for the disposition of an appeal and cross-appeal against orders made by Santow J under the Family Provision Act. On 4 October 1995 the same bench of the Court of Appeal considered the consequences of what had happened when the reasons of 24 August 1995 were delivered. Reasons were then given and orders pronounced. In the course of pronouncing the orders, the Court indicated that certain of the orders made yesterday were made to the extent that it was then necessary to make them, or words to that effect, there having been a question whether some orders pursuant to the reasons had not, in fact, been made on 24 August. The course the Court took yesterday enabled orders to be stated finally, without deciding whether some of them had or had not been first made on 24 August.

On 24 August an order staying the effect of any orders made on that day had been made. Yesterday the Court discharged that stay. Ms Wentworth then made an application for a stay of the orders of the Court made yesterday but, for reasons then given, which I will not attempt to summarise, the Court declined to entertain that application, remarking, however, that it would beopen to Ms Wentworth to make an application for a stay to a single judge of this Court or to a full bench of this Court.

Ms Wentworth then made an application, in what precise form I do not know, but which was reported to me as an application for a stay, and I was told that the application for a stay would be heard on Monday, 9 October next. During the course of today, an application was made that the Court should hear today an application for a stay, to hold the position until Monday next, 9 October.