SKIBICKI v TRW PRODUCTS PTY LTD [1989] NSWCA 185

SKIBICKI v TRW PRODUCTS PTY LTD

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MAHONEY JA 6 November 1989

[1989] NSWCA 185

Mahoney J The plaintiff, Mr Skibicki, sues the appellant company in this matter for damages apparently for negligence. The matter was before the District Court but on 15 April 1988 Mr Skibicki made an affidavit, apparently in support of an application for expedition of the hearing in the District Court, in which he detailed his financial position and said unless proceedings were finalised within the next twelve months there was "every prospect I would either have to sell my home or it would be sold for me by the bank."

The proceeding in the District Court appears to have come before the court in November and judgment was given on 8 December 1988 against the company. The company has appealed to the court on grounds going both to liability and to quantum of damages. An amended notice of appeal was apparently filed on 28 April 1989. I am informed by Mr Shaw for the applicant that the appeal papers are now in order and the appeal is ready for hearing.

The notice of motion taken out on 25 August 1989 asked for expedition of the hearing of the appeal. The affidavit in support of it contains broadly similar material to that contained on affidavit in the District Court. In par 10 of that affidavit Mr Skibicki deposes: "Unless the proceedings are finalised within the next six months there is every prospect I will have to sell my home or it will be sold for me by the bank."

No convincing explanation is offered why, if there were urgency of this kind, the application was not made prior to 25 August 1989.

Mr Shaw appears for the applicant. There is no appearance for the respondent. Mr Shaw indicates to the court that the respondent does not desire to appear and consents to the application.