WENTWORTH v WENTWORTH [1995] NSWCA 508

A temporary suspension of the operation of the orders is warranted to preserve the status quo until the substantive stay application can be determined.

Parties: Applicant: Ms Wentworth; Defendant: Mr Wentworth; Interested Party: ANZ company (trustee)
Jurisdiction: Australia
Judgment Date: 05 October 1995
Procedural Posture: Appeal / Interlocutory Application for Stay Pending Determination of a Substantive Stay Application
Outcome: Interlocutory suspension of orders granted; costs reserved.
Legal Topics: Stay of Orders, Interlocutory Relief

Family Provision Stay of Orders Interlocutory Relief

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Parties

Ms Wentworth

Applicant

Mr Wentworth

Defendant

ANZ company (trustee)

Interested Party

Procedural Posture

Appeal / Interlocutory Application for Stay Pending Determination of a Substantive Stay Application

Legal Issues

1 Whether a temporary stay should be granted pending determination of a substantive application for stay of Court of Appeal and trial judge's orders

Ratio Decidendi

A temporary suspension of the operation of the orders is warranted to preserve the status quo until the substantive stay application can be determined.

Court Disposition

Interlocutory suspension of orders granted; costs reserved.

Orders

Operation of the orders made by the Court of Appeal on 4 October 1995 suspended until 4pm Monday 9 October 1995 or earlier order.
Operation of any orders of Santow J pursuant to which, directly or indirectly, payments of money have been or are due to Ms Wentworth suspended until 4pm Monday 9 October 1995 or earlier order.