WENTWORTH v WENTWORTH AS EXECUTOR OF THE ESTATE OF THE LATE G.N. WENTWORTH [1995] NSWCA 501

WENTWORTH v WENTWORTH AS EXECUTOR OF THE ESTATE OF THE LATE G.N. WENTWORTH

SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

PRIESTLEY JA 15 December 1995

[1995] NSWCA 501

Priestley JA. Presently before the Court is a motion arising out of the issuing of a certificate of taxation earlier this year upon which a writ or writs of execution were issued.

The party who in these successive proceedings has come to be called the defendant sought a stay of the writs of execution and staying orders were made upon condition that security be provided by a certain date. The full history can be found in the series of interlocutory decisions made after the first stay order was made. In general terms the amount of security and the time for its provision changed from time to time.

The certificate of taxation which gave rise to the writs of execution was one which was the result of proceedings before Master McLaughlin. Those proceedings in turn arose from a taxation by a taxing officer, Mr Howe, who made a certificate of taxation which Master McLaughlin by his final orders displaced by making a certificate for a considerably larger sum. Both the defendant and Ms Wentworth, who has become known as the plaintiff in these proceedings, sought leave to appeal against MasterMcLaughlin's various orders.

Leave was granted and the appeals were heard I think on 23 November this year and the decision was reserved.

On 24 November other appeals were heard in matters in some ways related to the main disputes between the plaintiff and the defendant.

After the Court reserved its decision in those appeals a question arose whether there should be some alteration to the existing orders for stay and security in respect of the granting of the stay which had been ordered in respect of the writs of execution.

The matter could not be completed on that day. I made orders increasing the security to an amount of $150,000.