WENTWORTH v ROGERS [1997] NSWCA 339

WENTWORTH v ROGERS SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

BEAZLEY JA and CLARKE AJA 12 June 1997

[1997] NSWCA 339

Beazley JA. By summons for leave to appeal filed on 12 March 1997, the claimant seeks leave to appeal to this Court against a number of orders made in proceedings for malicious prosecution brought against her by her former husband.

The Court has had the benefit of detailed submissions, both written and oral, on the summons for leave.

Leaving aside the order made pursuant to the judgment of Sperling J on 10 September 1996, the other orders involved the exercise of the primary judge's discretion. In the ordinary course leave to appeal from such discretionary determinations is not granted.

In any event we are not satisfied that the trial judge's exercise of discretion reflected in each of the orders was outside the bounds of a proper discretionary judgment.

Order 1 referred to in paragraph 1 of the summons for leave relating to the orders made pursuant to the judgment of Sperling J of 10 December 1996, raises an important matter. However, we do not consider that it is a matter appropriate for the grant of leave. The issue should be dealt with at first instance in the context of a final formulation of the issues in the proceedings — and the determination of those issues in the context of the facts proved at trial.

Further, we are not satisfied that Sperling J's determination on this question is wrong.

For those reasons we dismiss the summons filed 12 March 1997.

Orders accordingly.