AEN COASE v STATE BANK OF NEW SOUTH WALES [1991] NSWCA 56

AEN COASE v STATE BANK OF NEW SOUTH WALES SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MEAGHER JA 17 June 1991

[1991] NSWCA 56

Meagher JA In this matter Mr Coase brought an action which was tried by Smart J in October 1988. His Honour delivered judgment on the substance of the matter on 21 April 1989 and on the costs aspect of the matter in November 1989. On 15 December 1989 Mr Coase lodged an appeal and on 8 December 1990 the Bank filed a cross-appeal. At the same time as it filed a cross-appeal it filed a motion to strike out the notice of appeal.

On 12 February 1990 Mr Coase filed a motion to extend time to appeal. On 30 April 1990 Mr Coase's motion to extend time was refused and his notice of appeal struck out. Once that happened there was then nothing before the Court. No application was then made for leave to file a further notice of appeal. No application was made for an extension of time to permit a further notice of appeal to be filed. No application of that sort has been made since.

On 29 May 1991 Mr Coase filed a document which is called a notice of motion returnable today and I have heard that notice of motion seeks the following relief: "1. Re-hearing be granted. 2. Pursuant to Pt23 R7 and 7-1 of the rules, the appellant seek leave to appeal. 3. Pursuant to Pt23 R7 and 7-1 of the rules, the respondent has failed to list all class of documents relating to any matter in question in the proceedings. 4. That the respondent pay the costs of the motion. 5. Such further or other orders a; to the Court shall deem fit."

In my view the notice of motion must necessarily be dismissed with costs. As far as the first order sought is concerned, that a rehearing be granted, such an order is not proper for a notice of motion. Para2 and para3 of the notice of motion do not in terms seek any order from me at all.