LAKIC v PAPPAS [1989] NSWCA 129

LAKIC v PAPPAS

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MAHONEY JA 28 August 1989

[1989] NSWCA 129

Mahoney JA This is an application to strike out the appeal which has been brought in this proceeding. The judgment was apparently given on 18 February 1988 against Mr Pappas in favour of the plaintiff Mr Lakic. An appeal was filed which bears date 14 March 1988. Since that appeal was filed, apparently little or nothing has been done to bring the appeal on for hearing.

An application was made to the court which resulted in an order being made by Samuels JA that the appellant, Mr Pappas, provide security for the costs of the appeal. That order was made, I think, on 10 April 1989.

The order required the appellant by 13 June 1989 to furnish security for the costs in such sum and such form as the Registrar of the Court of Appeal shall determine. No security has apparently been given, nor have further steps been taken in relation to the matter.

I am informed that the court file indicates that the solicitors by whom the notice of appeal was filed, Messrs Stefanou and Bouzanis, filed earlier this year a notice of ceasing to act.

There appears to be appropriate justification for striking out the appeal providing it is established that the motion seeking the order has been properly served upon the appellant, Mr Pappas, or otherwise the service is to be deemed sufficient.

The service which is to be relied upon is the sending on 9 August 1989 of letters, I assume properly stamped, addressed to Mr Pappas at the two addresses described in the affidavit of Mr Bartley as his two previously described addresses in Greece. I am informed by Miss Hoeben, who appears in this matter, that the two addresses are firstly the address of Mr Pappas indicated in the notice of appeal which was filed on 14 March 1988 and secondly the address indicated in the notice of ceasing to act filed by Messrs Stefanou and Bouzanis as I have indicated.