CASTRISSION AND ANOR v ALMA CONSTRUCTIONS PTY LTD [1993] NSWCA 50

CASTRISSION vy ALMA CONSTRUCTIONS PTY LTD

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

HANDLEY JA 26 July 1993, 26 July 1993

[1993] NSWCA 50

Handley JA In this matter the respondent has applied for the appeal to be dismissed for want of prosecution. The judgment appealed against was given by Brownie J in December 1992. Since then there have been a number of procedural defaults and the timetable provided for in the rules and in the directions of the Registrar has not been complied with. I am informed, however, that amended appeal books correcting the errors identified when they were lodged with the Registry of this Court on 16 July, have been prepared, and are at the offices of the appellant's solicitors ready for immediate filing.

In the circumstances it would not be appropriate to dismiss the appeal because of past procedural defaults, and indeed that order is not sought by Mr O' Neill for the claimant. On the other hand, it is clear that the present proceedings have been rendered necessary by the past procedural defaults of the appellants and their solicitors, and in the circumstances it is appropriate that although the summons be dismissed, the opponents should pay the claimant's costs of the summons.

I make that order and I also order that the appeal books be filed in this Court on or before 2 August 1993.