WENTWORTH v WENTWORTH (ESTATE OF THE LATE GEORGE NEVILLE WENTWORTH) [1995] NSWCA 505

WENTWORTH v WENTWORTH (ESTATE OF THE LATE GEORGE NEVILLE WENTWORTH)

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MAHONEY AP, PRIESTLEY JA and HUNTER AJA 14 August 1995, 25 August 1995

[1995] NSWCA 505

Taxation of Costs — Decision on review of Master — Considerations available to Court on hearing of appeal — Size of amount of costs — Disproportion between proceedings and costs — Multiplicity of proceedings — Due process requirements

APPLICATIONS FOR LEAVE TO APPEAL — Decision of Master on review of Taxation of Costs — Considerations available to be taken into consideration by Court of Appeal on hearing of appeal — Size of amount of costs — Disproportion between proceeding and costs — Multiplicity of proceedings — Application of due process requirements.

ORDER Leave to appeal granted upon each application. Costs in each application reserved to Court dealing with appeals.

Mahoney AP There are before the Court for determination two applications for leave to appeal against the order for costs made in a proceeding under the Family Provision Act 1982. One application has been made by the plaintiff in the proceeding, Miss Katherine Wentworth ("the plaintiff"); the other has been made by Mr Peter Fitzwilliam Neville Wentworth, the defendant in the proceeding ("the defendant'). In my opinion, subject to the matters to which I shall refer, leave to appeal should be given upon each application. The costs of each application should be reserved to the Court dealing with the appeals: the order to be made for costs will be affected, inter alia, by the extent to which each appeal succeeds and that Court will be in a position better than this Court to deal with that matter.

The Court does not ordinarily give reasons for the grant or refusal of leave to appeal. However, there are aspects of these applications which make it appropriate that I refer to some of the matters to which reference has been made in determining that leave to appeal be granted. I shall refer to such matters in general terms and without the qualifications and exceptions which would be necessary to a full and complete statement of the facts or the considerations in question. I shall refer to the facts and the considerations only so far as it is necessary to draw attention to some at least of the matters to which the Court before and on the appeal may feel it appropriate to have regard.