KATHERINE WENTWORTH v STEPHEN RARES [1990] NSWCA 182

KATHERINE WENTWORTH v STEPHEN RARES [1990] NSWCA 182

The orders and directions made by Handley JA on 6 August 1990 were within jurisdiction as derived from s46(2)(b) of the Supreme Court Act 1970 (NSW), being orders concerning the conduct of an appeal pending before the Court of Appeal; they did not in substance or effect stay or control proceedings in the Equity Division, and the appellant's undertaking, not a judicial order, was operative in relation to the Equity Division matter. Accordingly, there was no jurisdictional error.

Parties
Claimant/appellant: Katherine Wentworth; Opponent/respondent: Stephen Rares
Jurisdiction
Australia
Judgment Date
25 September 1990
Procedural Posture
Appeal / Motion to Discharge Single Judge's Orders Regarding the Conduct of an Appeal, Raising Jurisdictional Issue
Outcome
Motion dismissed with costs
Legal Topics
Compromise of Appeals, Stay of Proceedings, Jurisdiction of Single Judge, Costs Orders
Civil Procedure Compromise of Appeals Stay of Proceedings Jurisdiction of Single Judge Costs Orders

Case Brief

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Parties

Katherine Wentworth

Claimant/appellant

Stephen Rares

Opponent/respondent

Procedural Posture

Appeal / Motion to Discharge Single Judge's Orders Regarding the Conduct of an Appeal, Raising Jurisdictional Issue

Legal Issues

  1. 1 Whether orders made by Handley JA on 6 August 1990 were beyond power/jurisdiction
  2. 2 Whether the Court of Appeal can stay or otherwise control an action in a lower division pending its own appeal
  3. 3 Whether a single judge of the Court of Appeal has power to give directions regarding the withdrawal or stay of an appeal

Ratio Decidendi

The orders and directions made by Handley JA on 6 August 1990 were within jurisdiction as derived from s46(2)(b) of the Supreme Court Act 1970 (NSW), being orders concerning the conduct of an appeal pending before the Court of Appeal; they did not in substance or effect stay or control proceedings in the Equity Division, and the appellant's undertaking, not a judicial order, was operative in relation to the Equity Division matter. Accordingly, there was no jurisdictional error.

Court Disposition

Motion dismissed with costs

Orders

  • Motion (to discharge or set aside orders made by Handley JA on 6 August 1990) dismissed, with costs payable by the appellant