Wentworth v Graham

In the proceedings before Ipp JA and Brownie AJA, the claimant, Miss Wentworth, sought to appeal against certain determinations, judgments, and orders made by the court. The dispute centred on Miss Wentworth's conduct during the proceedings, which included repeated refusals to accept rulings, applications for judges to disqualify themselves on grounds of apprehended bias, and the fact that the proceedings were dependent on a grant of probate that had not yet been made.

The court was required to determine whether Miss Wentworth's conduct constituted an abuse of the court's process and, if so, what orders were necessary to protect the integrity of the proceedings. Specifically, the court considered the application of principles of procedural fairness and natural justice in the context of the claimant's repeated interlocutory applications and her refusal to accept the court's rulings. The court also had to consider its inherent power to prevent the abuse of its process by vexatious and unwarranted applications.

The court reasoned that Miss Wentworth's conduct amounted to an abuse of process, justifying the imposition of restrictions on her ability to bring further interlocutory applications. Applying its inherent jurisdiction, the court found it necessary to restrain Miss Wentworth from initiating any further interlocutory applications without first obtaining leave. This leave was to be sought by written application, detailing the grounds for seeking leave and the basis of the proposed claim, with no oral hearings permitted for such applications.

Consequently, the court ordered that Miss Wentworth be restrained from bringing any interlocutory application in the proceedings without first obtaining the leave of either Ipp JA or Brownie AJA. This restraint applies to all interlocutory applications, including a foreshadowed application to set aside previous orders. Any application for leave must be in writing, and if leave is granted, all subsequent hearings in the proceedings will be conducted solely on the basis of written submissions.