Wentworth v. Rogers & Anor. [2003] NSWCA 346

New South Wales Court of Appeal

CITATION : Wentworth v. Rogers & Anor. [2003] NSWCA 346 HEARING DATE(S) : 17 November 2003 JUDGMENT DATE : 25 November 2003

JUDGMENT OF : Hodgson JA at 1 DECISION : 1. Upon the claimant giving to the Court the usual undertaking as to damages, Orders 2-7 made by Howie J on 27 October 2003 stayed until 26 November 2004. 2. This stay and the restraints imposed on the opponents by the orders and undertaking of 4 September 2001 shall not preclude the following: (a) transactions to which the claimant has given written consent; (b) leases of the land in Certificate of Title Folio Identifier 72/615640 on reasonable commercial terms terminable by the opponents on no more than three months' notice; (c) transactions of which the opponents have given 42 days' notice in writing to the claimant; (d) payment out of Court referred to in Order 7 of Howie J after the opponents have given 42 days' notice in writing to the claimant that they will seek such payment. 3. Extend time for the Amended Notice of Appeal, submissions, red appeal book, and indices to other books to 23 January 2004. 4. Costs of this application to be costs in the appeal.

CATCHWORDS : PRACTICE - Appeal - Stay - Whether appeal has substance - Balance of convenience - Conditions of stay. CASES CITED : Calverley v. Green (1984) 155 CLR 242 Fox v. Percy (2003) 77 ALJR 989 Katherine Wentworth - Claimant PARTIES : Gordon J. Rogers - 1st opponent Toni Rogers - 2nd opponent FILE NUMBER(S) : CA 40474/03 The claimant appeared unrepresented COUNSEL : No appearance for first opponent Mr. R. Lovas for second opponent SOLICITORS : Dorrough Smart, Surry Hills for second opponent