French, A.E. & Anor v. Wills, J.S.H. & Anor [1994] FCA 911

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FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES REGISTRY No. NG 544 OF 1993 GENERAL DIVISION

BETWEEN:

ALLAN ELIJAH FRENCH and ANOTHER Applicant

AND:

JAMES SIDNEY HOWE WILLS and ANOTHER

Respondent

CORAM: SACKVILLE J.

RECEIVT)

PLACE: § SYDNEY DATE : 24 NOVEMBER, 1994 29 NOV 1994 FEDERAL COURT OF AUSTRALIA

PRINCIPAL REGISTRY

HIS HONOUR: In this matter Mr Niven has appeared on behalf of two of the applicants. Mr Niven tells me that he appears on behalf of Mr Gellen, who is one of 13 applicants. He also indicates that he has instructions to act on behalf of one of the other applicants but is not sure which one that might be. The applicants, so I am informed, hold units in a particular block. The proceedings concern the installation of an air-conditioning and ventilation system in the block of units. Two respondents have been named. The proceedings have been settled as against Peter Brand Real Estate Pty Limited, the second respondent. The

proceedings remain on foot as against the first respondent, Mr

Wills.

The course of events appears to be that an amended application and amended statement of claim were filed on 17 November 1993, that is over 12 months ago. The proceedings against the second respondent appear to have been resolved by terms of settlement that were dated 15 March 1994 and filed on that day. Mr Niven tells me that attempts have been made to serve the first respondent; however, there is no affidavit evidence as to what attempts have been made, what difficulties have been encountered and what the prospects might be for service of the first respondent in the near future, nor have I been provided with affidavit evidence to explain a delay of over 12 months since the proceedings were instituted in this court and a period of eight months since the matter was settled as against the second