GALCIF PTY LTD v DUDLEY'S CORNER PTY LTD AND ORS [1994] NSWCA 103

GALCIF PTY LTD v DUDLEY'S CORNER PTY LTD & ORS THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL MAHONEY JA

12 December 1994

[1994] NSWCA 103

Mahoney JA This is an application for the granting of expedition for hearing of an appeal. There are, obviously, reasons why this appeal should be heard as soon as may be. The real difficulty is in fitting it into the Court's list at the present time. The court at the moment has a substantial backlog in the work that is awaiting hearing and is endeavouring to take steps to ensure that there will be an appropriate reduction in the outstanding list. This is to be taken into account in the determination of any application for leave to appeal. In the circumstances of this case I do not think that an order for expedition should be made at this stage.

The order that was made by the learned judge is, as I understand it, to the effect that the second defendant is not in breach of cl9(g). Were steps to be taken against the party in question under cl10 because of that breach, the sanction would be that the shares in question could, at the end of a significant procedure, be forfeited. It is not, of course, now being suggested that that will be done at the moment or indeed can now be done in the present circumstances. I do not think at the

present time this case should be given preference over the other cases which also are waiting for decision in the court list.

However, as I have said, I appreciate the difficulties that are involved. I propose to stand this matter over to the first motion day in June 1995. I propose to allow either party to restore the matter to the list on seven days notice in the interim. The position can be reviewed in June 1995S. If in fact there were any attempt made - and I hope it would not be - to exercise the powers under cl10, to the prejudice of the applicant, then that matter could be considered by the court either on the matter being restored to the list or on the first motion day in June 1995.