ROGERS v WENTWORTH [1994] NSWCA 268

ROGERS v WENTWORTH [1994] NSWCA 268

The final ratio is not given as the substantive orders and most arguments are reserved, except that interim (Mareva-type) relief restraining the respondent from dealing with identified property is intended to be granted, and all other substantive applications are reserved.

Parties
Respondent: Rogers; Appellant: Wentworth
Jurisdiction
Australia
Judgment Date
05 October 1994
Procedural Posture
Appeal / Hearing of Appeal and Notice of Motion, With Judgment on Most Aspects Reserved, Interlocutory Relief Discussed and Granted
Outcome
Matters argued on appeal and notice of motion reserved. Interim injunctive relief (Mareva) to restrain dealing with property indicated as to be made. Matter adjourned for formal orders and continued hearing.
Legal Topics
Costs, Malicious Prosecution, Mareva Injunction, Abuse of Process, Assault and Battery, Sexual Assault Within Marriage, Vindication of Reputation
Civil Procedure Torts Costs Malicious Prosecution Mareva Injunction Abuse of Process Assault and Battery Sexual Assault Within Marriage +1 more

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Parties

Rogers

Respondent

Wentworth

Appellant

Procedural Posture

Appeal / Hearing of Appeal and Notice of Motion, With Judgment on Most Aspects Reserved, Interlocutory Relief Discussed and Granted

Legal Issues

  1. 1 Whether the appellant is entitled to greater than half costs (full costs) in civil proceedings for assault and battery allegedly including marital rape
  2. 2 Whether the malicious prosecution cross-claim should be stayed, dismissed, or dealt with in the Common Law Division
  3. 3 Whether interlocutory (Mareva) injunction should be granted to restrain dealings by the respondent with real property assets to protect the appellant's position as judgment-creditor

Ratio Decidendi

The final ratio is not given as the substantive orders and most arguments are reserved, except that interim (Mareva-type) relief restraining the respondent from dealing with identified property is intended to be granted, and all other substantive applications are reserved.

Court Disposition

Matters argued on appeal and notice of motion reserved. Interim injunctive relief (Mareva) to restrain dealing with property indicated as to be made. Matter adjourned for formal orders and continued hearing.

Orders

  • The hearing is adjourned to 2 pm, 6 October 1994 for final orders and to make the limited interlocutory (Mareva-type) order restraining dealings with the property of Rogers.