Wentworth v Graham & Anor [2003] NSWCA 229

Wentworth v Graham & Anor [2003] NSWCA 229

Given the persistent, unmeritorious, and vexatious conduct of Miss Wentworth—characterised by repeated unfounded interlocutory applications, refusal to accept court rulings, and improper behaviour towards the Court—it is appropriate to restrain her from bringing further interlocutory applications without leave and from applying for the disqualification of judges absent cogent fresh evidence, to protect the integrity of court process and judicial resources.

Parties
Claimant: Katherine Wentworth; First Opponent: Geoffrey Graham; Second Opponent: William Charles Wentworth
Jurisdiction
Australia
Judgment Date
29 August 2003
Procedural Posture
Court of Appeal Proceedings / Interlocutory Judgment on Vexatious Litigation, Repeated Recusal Applications, and Directions for Parties
Outcome
Interlocutory restraint orders proposed; applicant to show cause why orders should not be made. Immediate restraint on further disqualification applications without cogent fresh evidence.
Legal Topics
Vexatious Litigants, Abuse of Process, Judicial Recusal, Leave to Appeal
Civil Procedure Vexatious Litigants Abuse of Process Judicial Recusal Leave to Appeal

Case Brief

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Parties

Katherine Wentworth

Claimant

Geoffrey Graham

First Opponent

William Charles Wentworth

Second Opponent

Procedural Posture

Court of Appeal Proceedings / Interlocutory Judgment on Vexatious Litigation, Repeated Recusal Applications, and Directions for Parties

Legal Issues

  1. 1 Whether the Court should restrain Miss Wentworth from bringing further interlocutory applications without leave
  2. 2 Whether Miss Wentworth's conduct amounted to abusing court process by repeated unmeritorious applications and allegations against judges
  3. 3 Whether Miss Wentworth should be restrained from applying for the disqualification of the judges without fresh evidence

Ratio Decidendi

Given the persistent, unmeritorious, and vexatious conduct of Miss Wentworth—characterised by repeated unfounded interlocutory applications, refusal to accept court rulings, and improper behaviour towards the Court—it is appropriate to restrain her from bringing further interlocutory applications without leave and from applying for the disqualification of judges absent cogent fresh evidence, to protect the integrity of court process and judicial resources.

Court Disposition

Interlocutory restraint orders proposed; applicant to show cause why orders should not be made. Immediate restraint on further disqualification applications without cogent fresh evidence.

Orders

  • Within 21 days, Miss Wentworth to show cause in writing why orders should not be made restraining her from bringing interlocutory applications in these proceedings without leave of Ipp JA or Brownie AJA (except in prosecution of leave to appeal).
  • Order to apply to her foreshadowed application to set aside orders of 13 May and 4 June 2003 and all other interlocutory applications.