EVANGELINA NEWMAN v COMMONWEALTH BANK OF AUSTRALIA [1993] NSWCA 198

EVANGELINA NEWMAN v COMMONWEALTH BANK OF AUSTRALIA

SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

SHELLER JA 1 November 1993

[1993] NSWCA 198

Sheller JA. [MOTION]

In this matter there is an application by the respondent Commonwealth Bank of Australia that a notice of appeal filed by Evangelina Newman on 6 October 1993 be struck out.

Mr Tindall appeared today for Mrs Newman, and Mr Newman appeared in person. Mr Tindall informed me that he had only recently come into the matter and needs an opportunity to consider the material that has been furnished to him. He informs me also that Mrs Newman's application for legal aid is still pending before the Review Committee which has called for a further opinion from counsel.

The application to strike out the notice of appeal is directed, in part, to the fact that the appeal is from an order made by the Prothonotary on 7 July 1993. An appeal from that order, if to be pursued, would be to a single judge of the Court, and not to the Court of Appeal..

However, the notice of appeal refers also to the appeal from proceedings on 31 August 1993 and Ist September 1993 which may be a mistaken reference to 1 October 1993.

It seems, from material to which Mr Williamson has made reference, that Mrs Newman's application to the Supreme Court may have involved an application to set aside the Prothonotary's order.

Mrs Newman, for some part of the time, was acting for herself and it is conceivable that what was intended was an appeal from the Prothonotary's order.

In those circumtances, and without Mr Tindall taking an opportunity to consider the matter in depth, I am not prepared to strike out the notice of appeal. I do not refuse the application but stand it over for one week to 8 November 1993 so that Mr Tindall may have an opportunity to consider the matter and to consider whether now it is appropriate to appeal to a single judge of the Court, rather than to the Court of Appeal, from the Prothonotary's order.