Wentworth v Graham & Anor [2003] NSWCA 307

New South Wales Court of Appeal

CITATION : Wentworth v Graham & Anor [2003] NSWCA 307 HEARING DATE(S) : On written submissions JUDGMENT DATE : 20 October 2003

JUDGMENT OF : Ipp JA at 1; Brownie AJA at 1 DECISION : (1) Miss Wentworth is restrained from bringing any interlocutory application in these proceedings (that is, in connection with the application for leave to appeal) without first having obtained the leave of either Ipp JA or Brownie AJA (2) For the sake of clarity, it is to be noted that the order in (1) 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 (3) Leave pursuant to (1) 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 (4) No oral hearing will take place in regard to such applications for leave (5) 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.

CATCHWORDS : PRACTICE AND PROCEDURE - Notice to show cause (in writing) why orders should not be made - oral submissions disallowed - Repeated refusal to accept rulings - Repeated applications for judges to disqualify themselves on the grounds of apprehended bias - Procedural fairness and natural justice - Proper/improper conduct of hearings in court proceedings - Proceedings dependent on a grant of probate not yet made - - Inherent power of the Court to protect its process from abuse by persons making unwarranted and vexatious interlocutory applications without leave - Claimant restrained from bringing any interlocutory application without leave - Written (not oral) submissions in the event subsequent leave is granted due to the claimant's repeated conduct in court during proceedings. D LEGISLATION CITED : Supreme Court Act 1970 Bhamjee v Forsdick (No 2) [2003] EWCA Civ 1113 Commonwealth Trading Bank v Inglis (1974) 131 CLR 311 CASES CITED : Grepe v Loam (1888) 37 Ch D 168 Ramsey v Skyring (1999) 164 ALR 378 Taylor v Lawrence [2003] QB 528 Katherine Wentworth (Claimant) PARTIES : Geoffrey Graham (First Opponent) William Charles Wentworth (Second Opponent) FILE NUMBER(S) : CA 40277/00 COUNSEL : SOLICITORS : Russo & Partners (Claimant) O'Hara & Company (First Opponent)