Wentworth v Graham & Anor [2003] NSWCA 229

Reported Decision : 57 NSWLR 741

New South Wales Court of Appeal

CITATION : Wentworth v Graham & Anor [2003] NSWCA 229 HEARING DATE(S) : 11/08/03 JUDGMENT DATE : 29 August 2003

JUDGMENT OF : Ipp JA at 1; Brownie AJA at 1 DECISION : (1) Within 21 days from delivery of this judgment, Miss Wentworth is to show cause in writing, by way of affidavits (if she wishes, particularly to deal with the possible inferences to which we have referred), and written submissions, why orders should not be made as follows: (a) Save for the purposes of prosecuting the leave to appeal that has been or may be granted to her, Miss Wentworth is restrained from bringing any interlocutory application in these proceedings without first having obtained the leave of either Ipp JA or Brownie AJA; (b) For the sake of clarity, it is to be noted that the order in (a) applies to the foreshadowed application to set aside the "determinations, judgment and orders of 17 [sic - 13] May and 4 June 2003", as well as all other interlocutory applications in these proceedings; (c) Leave pursuant to (a) is to be sought by written application setting out the full basis on which leave is sought and the full basis of the claim for the relief the subject of the proposed application, and by written submissions; (d) No oral hearing will take place in regard to such applications for leave; (e) if leave is granted, no oral hearing will take place in regard to any application made pursuant to such leave; all further hearings in these proceedings will be by way of written submissions alone (2) Miss Wentworth is restrained from making any application in these proceedings that either Ipp JA or Brownie AJA disqualify himself, unless such application is based on cogent fresh evidence.