Wentworth v Rares

[1992] HCATrans 373

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IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Sydney No Sl0 of 1992

B e t w e e n -

KATHERINE WENTWORTH

Applicant

and

STEVEN RARES

Respondent

Application for special leave

to appeal

BRENNAN J

DAWSON J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 11 DECEMBER 1992, AT 9.30 AM

Copyright in the High Court of Australia

Wentworth(S) 1 11/12/92

MS K. WENTWORTH:  I appear in this matter in person,

Your Honour.

MR A.R. EMMETT, QC: If it please the Court, I appear with

my friend, MRS A.C. BENNETT, for the respondent.

(instructed by Mallesons Stephen Jaques)

MS WENTWORTH:  Your Honour, this is an application for an

adjournment of this on medical grounds. A

certificate has been supplied to the Court.

BRENNAN J:  I understand it is consented to, is that so,

Mr Emmett?

MR EMMETT:  Not entirely, Your Honour. Can I indicate the

position of the respondent.

BRENNAN J: Yes.

MR EMMETT:  Ms Wentworth has indicated she wishes to appear

in person. As we understand it, the Court will be

required to give leave in relation to that matter.

We do not wish to be heard in relation to that

application, but we would like the application to

be made today so that we do not have the risk of

having to come back two further times if, by

chance, the Court chose to object that application.

We certainly have no objection to the

deferment of the substantive application for

special leave, but we ask that the other question,

that is, the question of whether leave should be

granted for Ms Wentworth to appear in person, to be

resolved today.

MS WENTWORTH:  Your Honour, Mr Emmett I think is under a

slight misapprehension.	I may or may not be
appearing in person on the final application.	I
simply cannot do the application today.	I have no

counsel briefed or solicitors in this matter.

BRENNAN J; The Court proposes to adjourn the matter

generally without dealing with that preliminary

question. It would be obviously convenient if the

question of the applicant's right to present the
case in person arises for that issue to be dealt

with by the Court which is seized with the
substantive matter of the application for special

leave.

Wentworth(S) 2 11/12/92

,I,

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Accordingly, the matter will be stood over .

It will be adjourned to a date to be fixed. Costs

will be reserved. The Court will now adjourn in

order to reconstitute.

AT 9'.32 AM THE MATTER WAS ADJOURNED

TO A DATE TO BE FIXED.

Wentworth(S) 11/12/92