Wentworth v Graham & Anor [2003] NSWCA 307

Wentworth v Graham & Anor [2003] NSWCA 307

Miss Wentworth's repeated unwarranted and vexatious interlocutory applications, repeated unsuccessful disqualification applications, refusal to accept rulings, discourtesy, baseless allegations and abuse of oral hearings justified use of the Court's inherent power to protect its process. Requiring her to obtain leave from Ipp JA or Brownie AJA before bringing further interlocutory applications in the leave to appeal proceedings, and requiring written submissions only, was proportionate and did not extinguish her right of access to the Court.

Jurisdiction
Australia
Judgment Date
20 October 2003
Procedural Posture
Application for Leave to Appeal / Notice to Show Cause Determined on Written Submissions as to Whether Interlocutory Applications Should Be Restrained Without Leave
Outcome
Orders made restraining Miss Wentworth from bringing interlocutory applications in the leave to appeal proceedings without leave and requiring written submissions only.
Legal Topics
['abuse of Process' 'inherent Jurisdiction' 'vexatious Interlocutory Applications' 'procedural Fairness and Natural Justice' 'apprehended Bias' 'written Submissions and Oral Hearings']
['practice and Procedure' 'civil Procedure' 'appellate Procedure'] ['abuse of Process' 'inherent Jurisdiction' 'vexatious Interlocutory Applications' 'procedural Fairness and Natural Justice' 'apprehended Bias' 'written Submissions and Oral Hearings']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Notice to Show Cause Determined on Written Submissions as to Whether Interlocutory Applications Should Be Restrained Without Leave

Legal Issues

  1. 1 ['Whether the Court had jurisdiction or inherent power to restrain Miss Wentworth from bringing interlocutory applications in the leave to appeal proceedings without leave.' 'Whether requiring applications for leave and any subsequent applications to be dealt with on written submissions only would deny procedural fairness or natural justice.' 'Whether applications for leave should be made to Ipp JA or Brownie AJA notwithstanding allegations of bias.' "Whether the proposed orders should be made on the Court's own motion and as a last resort."]

Ratio Decidendi

Miss Wentworth's repeated unwarranted and vexatious interlocutory applications, repeated unsuccessful disqualification applications, refusal to accept rulings, discourtesy, baseless allegations and abuse of oral hearings justified use of the Court's inherent power to protect its process. Requiring her to obtain leave from Ipp JA or Brownie AJA before bringing further interlocutory applications in the leave to appeal proceedings, and requiring written submissions only, was proportionate and did not extinguish her right of access to the Court.

Court Disposition

Orders made restraining Miss Wentworth from bringing interlocutory applications in the leave to appeal proceedings without leave and requiring written submissions only.

Orders

  • ['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.' "For the sake of clarity, it is to be noted that the order in (1) applies to the...