GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES v LLOYD [1991] NSWCA 115

GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES v LLOYD

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

SAMUELS JA 20 May 1991

[1991] NSWCA 115

Samuels JA The sad history of this matter is set out in the affidavit of Mr Brian Forbes sworn 29 April 1991. I do not propose to recite it. It is sufficient to observe that the judgment was entered on 16 August 1989 and that still the appeal books have not been printed or served and, of course, there is no date for the appeal.

In the trial, the claimant, the respondent to the appeal, obtained a nett judgment for $145,000, after he had been found guilty of contributory negligence to the extent of fifty per cent.

As counsel has said this morning, the injuries he received were significant.

The accident itself happened five and a half years ago. Of course, the whole of the lapsed time from accident to trial or to the present day is not to be laid at the feet of the appellant, the Government Insurance Office.

However, what has happened since the appeal was filed has been very largely due to delays by the Government Insurance Office for which no explanation, save one, appears, since no evidence has been filed to put to the court any account on which the Government Insurance Office would wish to rely.

It may be that the difficulty in obtaining a transcript was the source of some of the delay but the whole of the time which has passed cannot be attributed to that cause.

It seems to me that the appeal has not been prosecuted with proper diligence. I accordingly propose to dismiss the appeal for want of prosecution. I make that order and I order the appellant to pay the respondent's costs of the appeal and the opponent to pay the claimant's costs of the motion, excluding any costs of drawing, filing or serving the notice of motion itself which is wrongly titled.