WENTWORTH v WENTWORTH [1995] NSWCA 498

WENTWORTH v WENTWORTH

SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

PRIESTLEY JA 5 September 1995

[1995] NSWCA 498

Priestley JA. The dispute I have to decide is whether two notices of motion presently listed in this court's motion list for next Monday, 11 September, should be stood out of that list and listed instead on Monday, 9 October next. The parties have agreed that some, but not all, of the matters raised in the motions need not remain in next Monday's list. As to those as to which there is no agreement, there has been a contested argument. Both sides have earnestly urged arguments why the date they each contend for is important to them and the other date prejudicial. The arguments, which were recorded yesterday, are of genuine concern to the parties for reasons touched on yesterday.

I have found the matter, although a small one in the context of the overall litigation, difficult to decide. Ms Wentworth was the moving party in the proceedings before Santow J in which orders were made in her favour. The opposing party succeeded on appeal. Ms Wentworth has a stay for the time being of the orders proposed by the Court of Appeal pursuant to their reasons in that appeal so that the orders of Santow J remain on foot. Further steps in the proceedings are to be taken.

In what is, in substance, an evenly contested adjournment application in proceedings which overall were first initiated by Ms Wentworth, I think the desirability of those proceedings going forward without delay outweighs the inconvenience which will be caused to Ms Wentworth by having her holiday arrangements interfered with.

I will therefore leave the dates for hearing of the motions undisturbed.

Any question of costs of these arguments can be dealt with when the motions are disposed of.

Orders accordingly.