WENTWORTH v ROGERS; ROGERS v WENTWORTH [1988] NSWCA 173

WENTWORTH v ROGERS; ROGERS v WENTWORTH [1988] NSWCA 173

The application to strike out Ms Wentworth's claim is dismissed except for the security for costs and damages claim, which is struck out as persons defending a claim are not required to provide security. The remaining matters are procedural and should be determined by the Equity Division.

Parties
Applicant: Ms Wentworth; Respondent: Mr Rogers
Jurisdiction
Australia
Judgment Date
07 November 1988
Procedural Posture
Notice of Motion / Application Before Court of Appeal; Remitted to Equity Division
Outcome
Ms Wentworth's claim for security for costs and damages struck out; other claims remitted to Equity Division; Mr Rogers' motion dismissed except as to para 4.
Legal Topics
Security for Costs, Damages for Caveat, Deed of Charge, Removal of Caveat
Civil Procedure Property Law Security for Costs Damages for Caveat Deed of Charge Removal of Caveat

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Ms Wentworth

Applicant

Mr Rogers

Respondent

Procedural Posture

Notice of Motion / Application Before Court of Appeal; Remitted to Equity Division

Legal Issues

  1. 1 Whether Ms Wentworth is entitled to damages for non removal of the caveat and non production of the deed
  2. 2 Whether Mr Rogers' application to strike out Ms Wentworth's claim is valid
  3. 3 Whether relief sought in para 4 (security for costs and damages) can be ordered

Ratio Decidendi

The application to strike out Ms Wentworth's claim is dismissed except for the security for costs and damages claim, which is struck out as persons defending a claim are not required to provide security. The remaining matters are procedural and should be determined by the Equity Division.

Court Disposition

Ms Wentworth's claim for security for costs and damages struck out; other claims remitted to Equity Division; Mr Rogers' motion dismissed except as to para 4.

Orders

  • Para 4 of Ms Wentworth's notice of motion struck out
  • Mr Rogers' motion otherwise dismissed