Federal Court of Australia
CATCHWORDS
Practice - Appeal from sequestration order - Dismissal for want
of prosecution - Relevant considerations.
Federal Court Rules Order 52 rule 38
MARY LATONA v WATTAWA CONSTRUCTIONS PTY. LIMITED
N.S.W. G78 of 1983
CORAM: Bowen C.J., Fitzgerald and Beaumont Ju.
1 March 1984
Sydney
IN THE FEDERAL COURT OF AUSTRALIA
) ) 'NEW SOUTH WALES DISTRICT REGISTRY ) No. G78 of 1983 ) )
GENERAL DIVISION
BETWEEN :
MARY LATONA Appellant
AND:
WATTAWA CONSTRUCTIONS PTY. LIMITED
Respondent
ORDER
JUDGES MAKING ORDER: Bowen C.J., Fitzgerald and Beaumont JJ.
WHERE MADE: Sydney DATE: 1 March 1984
THE COURT ORDERS THAT:
1. The appeal be dismissed for want of prosecution.
2. Mary Latona pay to Wattawa Constructions Pty. Limited
its costs of this motion to dismiss and of the appeal.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G78 of 1983
GENERAL DIVISION
BETWEEN :
MARY_LATONA Appellant
AND:
WATTAWA CONSTRUCTIONS PTY. LIMITED
Respondent
CORAM: Bowen C.J., Fitzgerald and Beaumont JJ. 1 March 1984
EX TEMPORE REASONS FOR JUDGMENT
THE COURT: This is a motion brought pursuant to Order 52 rule 38 of the Federal Court Rules to dismiss for want of prosecution an appeal brought by Mary Latona, the appellant, against Wattawa Constructions Pty. Limited, the respondent. The appeal is
against a sequestration order made on 30 March 1983 by Morling J. The Notice of Appeal following the making of the sequestration
order was lodged on 20 April 1983 but no application was made for
a stay of execution.
The appeal since then has had no forward movement and the explanation for this is said to be the lack of a grant of
legal aid. There have been a number of times when it has been
listed for Callover in this Court and on three of those occasions
a warning has been given on behalf of Wattawa Constructions Pty.
Limited that it would have to move to dismiss for want of
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