WENTWORTH v WENTWORTH [1996] NSWCA 551

WENTWORTH v WENTWORTH [1996] NSWCA 551

Leave to appeal concerning the restriction on further applications to the Equity Division is granted and the restrictive order set aside due to changed circumstances; otherwise, leave to appeal is refused as there is insufficient prospect of success regarding Mareva injunction and claims of bias.

Source-derived case information.

Parties
Claimant: Katherine Wentworth; Respondent: Peter Fitzwilliam Neville Wentworth
Jurisdiction
Australia
Judgment Date
22 March 1996
Procedural Posture
Application for Leave to Appeal / Court of Appeal Decision
Outcome
Leave to appeal granted to set aside restriction on further applications; otherwise, dismissed.
Legal Topics
Family Provision, Mareva Injunctions, Costs, Procedural Fairness
Family Law Equity Family Provision Mareva Injunctions Costs Procedural Fairness

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Parties

Katherine Wentworth

Claimant

Peter Fitzwilliam Neville Wentworth

Respondent

Procedural Posture

Application for Leave to Appeal / Court of Appeal Decision

Legal Issues

  1. 1 Whether leave to appeal should be granted against orders concerning Mareva injunction and restrictions on further applications
  2. 2 Whether there was bias or apprehended bias affecting the hearing
  3. 3 Whether procedural fairness was afforded in making restrictive orders

Ratio Decidendi

Leave to appeal concerning the restriction on further applications to the Equity Division is granted and the restrictive order set aside due to changed circumstances; otherwise, leave to appeal is refused as there is insufficient prospect of success regarding Mareva injunction and claims of bias.

Court Disposition

Leave to appeal granted to set aside restriction on further applications; otherwise, dismissed.

Orders

  • Leave to appeal against Bryson J's orders of 8 September 1995 granted, limited to appeal against restriction on further applications.
  • Appeal upheld as to restriction; that portion of Bryson J's orders set aside.