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. Although I would think, for reasons I have discussed with the parties during argument, that it would be desirable that the defendant provide details of the settlement to Ms Wentworth at that time, I will not require that that be done. Mr Lindsay is well aware of the possible consequences of the lack of information being provided to Ms Wentworth and I do not think I need say any more about that matter. Because, in the end, the parties, to an extent, accepted this order as a practical solution to a very limited problem, I propose to reserve the question of costs for consideration by me after 24 November. It may be — and I simply say this by way of suggestion — that the parties may decide to provide written submissions on that issue rather than require the Court to be reconvened. However, that is a matter for the parties. I do want to say one further thing, and that is that because the nature of the relief sought is so limited, I have not conducted a detailed investigation of either the history of the litigation or either party's financial circumstances, and the order 2 UNREPORTED JUDGMENTS Ihave made does not reflect any view that I entertain on those matters. It would, in my opinion, be quite wrong for me to form even a provisional view on what seem to me to be complex questions. The order I make, therefore, is that the time for the provision of the security be extended upon the term that I earlier mentioned until 5 pm on 24 November 1995. I should add that I indicated in argument that I would specifically reserve liberty to Ms Wentworth to apply for further relief upon receipt of notice that the Southlands transaction has been settled. I would propose, however, that liberty be reserved to either party to apply to me for further relief in respect of this noticeof motion on 24 hours notice. Following discussion the parties have agreed to have the costs issue dealt with on written submissions. I therefore give the following directions: Mr Lindsay is to file and serve his written submissions by Friday, | December and Ms Wentworth is to file and serve her written submissions, together with such correspondence as she relies on by 29 January 1996, and Mr Lindsay can respond thereto by 5 February 1996. Orders accordingly.