WENTWORTH v THE ESTATE OF WENTWORTH [1994] NSWCA 369

WENTWORTH v THE ESTATE OF WENTWORTH [1994] NSWCA 369

Given the previous grant of expedition at the request and in the interests of both parties, the ongoing disruption, and the lack of assurance that further adjournment would resolve the representation issue, the application to vacate the hearing dates is refused.

Parties
Appellant/cross Respondent: Katherine Wentworth; Respondent/cross Appellant: The Estate of Wentworth
Jurisdiction
Australia
Judgment Date
04 November 1994
Procedural Posture
Application in Appeal Proceedings / Application to Vacate Hearing Date
Outcome
Application to vacate hearing dates dismissed.
Legal Topics
Family Provision, Expedition of Hearing, Adjournment of Hearing
Civil Procedure Family Provision Expedition of Hearing Adjournment of Hearing

Case Brief

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Parties

Katherine Wentworth

Appellant/cross Respondent

The Estate of Wentworth

Respondent/cross Appellant

Procedural Posture

Application in Appeal Proceedings / Application to Vacate Hearing Date

Legal Issues

  1. 1 Whether the hearing dates for the appeal should be vacated due to appellant's lack of legal representation

Ratio Decidendi

Given the previous grant of expedition at the request and in the interests of both parties, the ongoing disruption, and the lack of assurance that further adjournment would resolve the representation issue, the application to vacate the hearing dates is refused.

Court Disposition

Application to vacate hearing dates dismissed.

Orders

  • Time for filing written submissions for the appellant/cross-respondent, Katherine Wentworth, is extended to 12 noon on 8 November 1994.
  • Notice of motion otherwise dismissed with costs.