BLEICHER v HAWTHORNE and ANOR [1993] NSWCA 26

BLEICHER v HAWTHORNE

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MAHONEY JA 16 August 1993, 16 August 1993

[1993] NSWCA 26

Mahoney JA This is a matter that comes before the court in relation to the certification of the transcript on an appeal. Mr Le Lievre is the solicitor for the applicant and has sought directions because Pt51 R24(10)(j) provides that the appeal papers are to include a certificate that the transcript has been examined and is correct signed by the solicitors for the parties.

For reasons which I need not go into, the solicitor for the respondent today finds difficulty certifying the accuracy of the transcript. Suggestions have been made in relation to corrections which would be appropriate, or may be so. I do not think it necessary for this Court to go into those matters. To do so would involve possible delay of the preparation of the appeal and also bringing this matter back to this Court with further delay and costs.

I have suggested to the parties, and they agree, that I should direct the appeal papers be prepared notwithstanding the absence of a certificate of correctness signed by the solicitors for the respondent parties today, and that the appeal papers proceed for finalisation accordingly.

The respondent parties today are to have the opportunity to consider what corrections they would propose to the transcript between now and the hearing and should, at an appropriate time and as soon as may be practicable, notify the Registrar by letter of any corrections which they suggest should be made to the transcript. That material can be before the court dealing with the appeal in due course and, if the issue ever arises as a matter of substance, that court can deal with it, the other parties having had such advance notice.

The appropriate order is a direction to the effect I have indicated. Costs of the present application are to be costs of the appeal.