WENTWORTH v WENTWORTH (EXECUTOR OF THE ESTATE OF THE LATE G N WENTWORTH) [1997] NSWCA 337

WENTWORTH v WENTWORTH (EXECUTOR OF THE ESTATE OF THE LATE G N WENTWORTH)

SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

HANDLEY JA 23 June 1997

[1997] NSWCA 337

Handley JA. On 17 January the claimant Ms Wentworth filed a summons (40031/97) seeking leave to appeal from a number of interlocutory orders made by Simos J and McLelland CJ in Eq There has been no appearance for the opponent.

Ms Wentworth has filed an affidavit of service dated today's date and I am satisfied particularly by annexure A to that affidavit that the summons was properly served by being left with the solicitors then on the record for the opponent in the proceedings in the Equity Division. See SCR Pt 9 r 8.

Hodgson J granted an ex parte Mareva injunction to Ms Wentworth on 5 June and extended it until the determination of the proceedings before him. Thos proceedings were dismissed on 12 June but his Honourextended the injunction until and including today's date to give Ms Wentworth an opportunity to apply to this Court for leave to appeal.

No summons for leave to appeal against Hodgson J's order has been filed but I am satisfied that the proceedings initiated by summons on 17 January this year provide a sufficient foundation for continuing the ex parte Mareva injunction granted by Hodgson J, and I will make that order until the determination of that summons or the further order of this Court. That ex parte injunction will be granted upon Ms Wentworth giving the usual undertaking as to damages.

Ms Wentworth informs me that she would have difficulty in filing a summons for leave to appeal from this decision of Hodgson J within the 14 day limit provided by the Rules. I therefore extend the time under SCR Pt 51 r 3 (5) for the filing of that summons until 4 pm on Monday 30 June.

On Ms Wentworth's application I stand over the further hearing of summons 40031/97 to 14 July and I direct that the summons to be filed on or before 4 pm on Monday 30 June may be given that return date.