WENTWORTH v WENTWORTH, EXECUTOR OF THE ESTATE OF THE LATE G N WENTWORTH [1995] NSWCA 503

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

SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

CLARKE JA 31 October 1995

[1995] NSWCA 503

Clarke JA. I have before me a notice of motion in which two orders are sought. The defendant, that is Mr Wentworth, has not actually sought those orders in oral argument. The order Mr Lindsay, his senior counsel, has sought, is one by which time be extended for the provision of security for the order staying execution on the certificate issued by Deputy Registrar Irwin on 5 May 1995 until Thursday 7 December. The present position is that that security is required to be lodged by 2 November.

The application is within a very narrow compass, but having regard to the history in the series of litigation between these parties, it is not entirely surprising that the arguments have ranged fairly widely. However, in the end, it seemed to me that a practical solution to the present problem was to extend the time for the provision of the security until 5 pm on Friday, 24 November, or further order of the Court.

Ihave chosen that date because, by then, a leave application to the High Court will have been heard and probably determined, and the appeal from the orders made on the taxation leading to the issue by Deputy Registrar Irwin of his certificate, will also have been substantially heard.

The Court will, at that time, be better informed as to the merits of the appeal and I think in a better position to deal with any relief sought in relation to the security. Because, however, of the possible imminent settlement of atransaction involving the defendant, which can be called the 'Southlands' transaction, I think it important to make, as a term of the extension of the time within which security may be offered, a provision that the defendant notify the plaintiff, Ms Wentworth, within 24 hours of the fact that settlement has taken place.