WENTWORTH v RARES [1989] NSWCA 228

WENTWORTH v RARES [1989] NSWCA 228

The appeal should not be dismissed as Ms Wentworth is now ready to comply by paying $600 to the Registrar by the specified deadline. Expedited hearing is appropriate given the age and circumstances of the matter.

Parties
Opponent: Wentworth; Claimant: Rares
Jurisdiction
Australia
Judgment Date
11 December 1989
Procedural Posture
Application in Appeal Proceedings / Interlocutory Application
Outcome
Application to dismiss for want of prosecution refused; orders made for payment, expedited hearing, costs, and leave to apply.
Legal Topics
Appeal Procedure, Contempt, Dismissal for Want of Prosecution, Costs
Civil Procedure Appeal Procedure Contempt Dismissal for Want of Prosecution Costs

Case Brief

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Parties

Wentworth

Opponent

Rares

Claimant

Procedural Posture

Application in Appeal Proceedings / Interlocutory Application

Legal Issues

  1. 1 Whether the appeal should be dismissed for want of prosecution
  2. 2 Whether an order for payment to the Registrar should be made to enable appeal books to be printed
  3. 3 Whether a timetable or expedited hearing should be ordered

Ratio Decidendi

The appeal should not be dismissed as Ms Wentworth is now ready to comply by paying $600 to the Registrar by the specified deadline. Expedited hearing is appropriate given the age and circumstances of the matter.

Court Disposition

Application to dismiss for want of prosecution refused; orders made for payment, expedited hearing, costs, and leave to apply.

Orders

  • Ms Wentworth pay $600 to the Registrar on or before 4 pm on 13 December 1989.
  • The hearing of the appeal be expedited.