WEST v CAMPBELL [1989] NSWCA 229

WEST v CAMPBELL SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

KIRBY P 13 November 1989 [1989] NSWCA 229

PRACTICE and PROCEDURE — appeal to Court of Appeal unrepresented litigant — seeks expedition, order declaring nature of proceedings and damages — held: Expedition inappropriate because of non compliance with the Rules as to filing of appeal papers — other orders inappropriate until hearing of appeal — motion dismissed. Supreme Court Act 1970, s46.

Kirby P This is the second time in recent days that these proceedings have been before the Court. On this occasion the application is for several orders: for the abridgment of time for the service of the appeal, the expedition of the hearing of the appeal, for a statement by the Court of the nature of the proceedings, and for an order by the Court that the respondents to the appeal pay a very large sum to the appellant. The appellant, who is the claimant in the motion, appears before the Court unrepresented. I am dealing with this matter pursuant to s46 of the Supreme Court Act 1970.

The proceedings arise out of a judgment given by David Hunt J on 17 March 1989. That judgment has been placed before the Court. It appears that, as a result of that judgment, two of the parties to the proceedings, namely Northern Star Limited and Murrumbidgee Irrigation Pty Limited and Murrumbidgee Irrigation Pty Limited (the third and fourth respondents to the appeal and the third and fourth opponents in these proceedings) were ordered by his Honour to be removed from the proceedings. The claimant has appealed. Unfortunately, however, he has not complied with the Rules of the Court relating to the filing of the appeal papers. I have endeavoured to explain those rules to him today.

The matter will be listed before the Registrar for the settlement of the appeal papers on Friday 17 November 1989 at a time to be notified to the other opponents and to be notified, upon enquiry, to the claimant. The purpose of that listing will be to allow the claimant to present to the Registrar the compilation of all relevant papers for the appeal which he wishes to bring from the judgment and orders of Hunt J.