NSW Caselaw
New South Wales Court of Appeal CITATION : Wentworth v Wentworth [1999] NSWCA 142 FILE NUMBER(S) : CA 40031/97; 40392/97 HEARING DATE(S) : 12 May 1999 JUDGMENT DATE : 25 May 1999
Katherine Wentworth v Peter Fitzwilliam Neville Wentworth (as Executor Estate Late G N Wentworth) PARTIES : Katherine Wentworth v Peter Fitzwilliam Neville Wentworth & Anor JUDGMENT OF : Stein JA at 1; Fitzgerald JA at 1; Brownie AJA at 1
LOWER COURT JURISDICTION : Supreme Court - Equity Division LOWER COURT FILE NUMBER(S) : EQ 3748/89 LOWER COURT JUDICIAL OFFICER : Simos J, Hodgson J
COUNSEL : In person (Appellant) No appearance (Respondent) SOLICITORS : n/a CATCHWORDS : Construction of SCR Part 43 Rule 1 (examination orders) - application to orders for costs which have not been quantified - exercise of discretion ACTS CITED : Supreme Court Rules Part 43 Rule 1 Wilkie v Wilkie (1905) VLR 80 CASES CITED: Wilkie v Wilkie (No 2) (1905) VLR 104 Tubby Trout Pty Ltd v Sailby Pty Ltd (No 2) (1996) 63 FCR 530 Brown v Stafford [1944] 1 KB 193 DECISION : Leave to appeal granted from the decision of Simos J on 20 December 1996. Leave to appeal otherwise dismissed. Appeal allowed and the order made by Simos J on 20 December 1996 setting aside the examination order made by the Registrar on 6 June 1995 be set aside. Leave to appeal granted and appeal allowed from the decision of Hodgson J of 12 June 1997 in so far as his Honour refused an application for an examination order. Leave to appeal otherwise dismissed.
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL
CA 40031/97; CA 40392/97 EQ 3748/89 STEIN JA FITZGERALD JA BROWNIE AJA
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