BALTIC SHIPPING COMPANY v MERCHANT AND ORS [1993] NSWCA 20

BALTIC SHIPPING COMPANY v MERCHANT AND ORS SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MAHONEY JA 23 July 1993, 23 July 1993

[1993] NSWCA 20

Mahoney JA On 5 July 1993 this Court made, relevantly, three orders: that leave be granted to Baltic Shipping Company to appeal from the judgment and orders of Carruthers J in the proceedings; that a stay of execution be available on the terms that were then ordered; and that each party have liberty to apply to the Court for further or other relief upon one day's notice to the other.

On Wednesday 21 July counsel for, as I understand it, the plaintiffs, by telephone indicated that it was desired to apply to the Court for, as I understood it, two orders, namely, that the leave to appeal granted be rescinded and that the order for stay be set aside. In the ordinary course of events the Court deals with applications of this kind on Mondays and counsel was informed that the application would be listed for Monday next, 26 July. However, it was indicated to the Court officials that it was desired that the applications be heard not on Monday, but today, Friday 23 July.

If the Court were required to deal with the application that was made, it would be necessary or, at least, appropriate that a court of three judges be assembled to hear the matter: Supreme Court Act 1970, s46. A court of three judges would not ordinarily be available on a Friday or, in particular, today, to deal with such an application. The Court, in the proper arrangement of its business, has arranged that the three judges would not ordinarily be available today and those judges would be available only if special arrangements were made. However, if the applications were of sufficient and real urgency the Court would, of course, endeavour to arrange its affairs so as to deal with the applications today.