SUNBEAM CORPORATION LTD v BAZOUNE [1992] NSWCA 245

SUNBEAM CORPORATION LTD v BAZOUNE

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MAHONEY JA 24 February 1992

[1992] NSWCA 245

Mahoney JA (MOTION)

This is an application to strike out an appeal for want of prosecution. The appeal was apparently filed in 1989. The evidence for the applicant shows that the court listed the matter for settling the index on 8 September 1989, 17 October 1989 and 14 November 1989. Apparently nothing was done at that time to pursue the appeal.

A change of solicitors occurred in September 1991 and, as far as the evidence extends, the only step taken since is that on 20 February 1992 an application was made by the appellant's present solicitors for legal aid to prosecute the appeal.

In the circumstances the inference is that the appeal has not been pursued with great diligence. However, an application is now made by the respondent for an adjournment for four weeks in order to allow the fate of the application for legal aid to be determined. In the circumstances that will not further prejudice the matter.

Notwithstanding the delay which has taken place, I think it appropriate that the present application be stood over for four weeks. In the circumstances I think the respondent should pay the costs of today's hearing in any event.