FARROW MORTGAGE SERVICES PTY LIMITED (IN LIQUIDATION) v BOSNJAK [1993] NSWCA 93

FARROW MORTGAGE SERVICES PTY LIMITED (IN LIQUIDATION) v BOSNJAK

SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

MAHONEY JA 15 February 1993

[1993] NSWCA 93

Mahoney JA. This is an application on motion of a slightly unusual nature. It asks primarily that the hearing dates for an appeal, namely 23 and 24 February 1993, be confirmed. The papers show merely that there is an appeal before this Court and that the dates for hearing were fixed, as I am informed, some time in October last. The question is whether the hearing which has been fixed should proceed on that date.

The court has been informed merely that an application for legal aid was made by the second defendant, John Bosnjak, in relation to the appeal and that the application has been refused. The court has been informed that no appeal has been brought against that application and that no appeal will be brought.

An application has been made on behalf of Mr Bosnjak to the Law Society of New South Wales for the provision of legal assistance in relation to the matter. The court has had before it the solicitors who were appearing for Mr Bosnjak, Sly & Weigall, and Miss Tran who has asked leave to appear asamicus curiae for Mr Bosnjak, and it is through the statements from the Bar table made to me by these parties that the information has been provided to the court.

Prima facie, nothing has been shown why the hearing should not proceed on the dates in question. I appreciate that, the solicitors for Mr Bosnjak having determined to withdraw from the case and a notice of ceasing to act being filed in court today, it will be necessary for him to obtain or consider obtaining legal assistance in relation to the matter. There will be a period of a week or so for this to be done. I am informed that the attitude of the Law Society as to providing assistance will be known in the next day or so.