ROGERS v WENTWORTH [1998] NSWCA 194

ROGERS v WENTWORTH

WENTWORTH v ROGERS

5 WENTWORTH v ROGERS

SUPREME COURT OF NEW SOUTH WALES - COURT OF APPEAL

HANDLEY, STEIN JJA and SHEPPARD AJA

10 March 1998

[1998] NSWCA 194 Handley, Stein JJA and Sheppard AJA Orders as below.

1.

2.

Hearing of Notice of Motion of 1 August 1997 as amended in CA 40402/94 stood over to 9.30 am on Friday 27 March 1998 for hearing. Matter to be listed for mention before Handley JA on Monday 23 March 1998 at 9.30 am.

If application for further adjournment is to be made, but no affidavit of treating medical practitioner has been filed by 23 March 1998, it may be anticipated that such an affidavit will be directed to be filed prior to 27 March 1998.

Mr Russo's submissions on costs on leave application (CA 40590/97) from Sperling J to be filed and served by 5.00 pm on 13 March 1998. Any written submissions by Miss Wentworth in reply on costs matter (CA 40590/97) to be filed and served by 5.00 pm on 26 March 1998 to be left in the submissions box on level 12.

Any further written submissions by Mr Rogers in reply to Mr Russo to be filed and served by 5.00 pm on 26 March 1998.

In matter CA 40590/97, the stay of proceedings is varied to permit Mr Rogers to serve a Bill of Costs pursuant to Sperling J's costs orders, but time for objections is not to start to run until 27 March 1998 and this order will be reviewed by the Court on 27 March 1998.

Reserve the costs of the proceedings today occasioned by late notification to the legal advisers for Mr Rogers of the application by Miss Wentworth for adjournment until 27 March 1998. Any submissions that Miss Wentworth wishes to make on the costs of today to be filed by 5.00 pm on 26 March 1998 to be left in the submissions box.