WENTWORTH v WENTWORTH [1996] NSWCA 550

WENTWORTH v WENTWORTH [1996] NSWCA 550

Leave is granted (if required) to Ms Wentworth to file a document to recommence the review of Taxing Officer Howe's reconsideration of her Bill of Costs, limited to the scope of the original review before Master McLaughlin, not commencing fresh or different proceedings.

Parties
Plaintiff: Ms Wentworth; Defendant: Mr P Wentworth
Jurisdiction
Australia
Judgment Date
18 March 1996
Procedural Posture
Appeal / Post Appeal Directions / Orders
Outcome
Leave granted to file document for recommencement of review
Legal Topics
Leave to Commence Proceedings, Review of Taxing Officer's Decision, Equity Division Procedure
Civil Procedure Leave to Commence Proceedings Review of Taxing Officer's Decision Equity Division Procedure

Case Brief

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Parties

Ms Wentworth

Plaintiff

Mr P Wentworth

Defendant

Procedural Posture

Appeal / Post Appeal Directions / Orders

Legal Issues

  1. 1 Whether leave is required for Ms Wentworth to file a document initiating review in the Equity Division
  2. 2 Scope of leave to recommence review of Bill of Costs

Ratio Decidendi

Leave is granted (if required) to Ms Wentworth to file a document to recommence the review of Taxing Officer Howe's reconsideration of her Bill of Costs, limited to the scope of the original review before Master McLaughlin, not commencing fresh or different proceedings.

Court Disposition

Leave granted to file document for recommencement of review

Orders

  • Leave granted (if required) to Ms Wentworth to file a document in the Equity Division to recommence the review proceedings previously before Master McLaughlin.
  • Such leave is limited to recommencing the proceedings set aside by the Court of Appeal, not to commence fresh matters.