Wentworth v Rares

This matter concerned an application for special leave to appeal before the High Court of Australia. The applicant, Ms K. Wentworth, appeared in person and sought an adjournment of the proceedings on medical grounds, having supplied a medical certificate to the Court. The respondent, represented by Mr A.R. Emmett, QC, and Mrs A.C. Bennett, indicated that while they did not object to the deferment of the substantive application for special leave, they wished for a preliminary question regarding Ms Wentworth's right to appear in person to be addressed.

The primary legal issue before the Court was whether to grant Ms Wentworth's application for an adjournment of the special leave application due to medical reasons. A secondary, but related, issue raised by the respondent concerned the Court's leave for Ms Wentworth to appear in person.

Brennan J, presiding, indicated that the Court proposed to adjourn the matter generally without determining the preliminary question of Ms Wentworth's right to appear in person. His Honour considered it more convenient for that issue to be dealt with by the Court seized with the substantive application for special leave, should it arise. Consequently, the matter was stood over to a date to be fixed, with costs reserved.