JOSIFOVSKI v JOSIFOVSKI [1995] NSWCA 224

JOSIFOVSKI v JOSIFOVSKI

SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

COLE JA 4 December 1995

[1995] NSWCA 224

Cole JA. Application has been made by Ms Zlatevska, the solicitor for the respondent, that the matter be removed from tomorrow's list. The matter is, as part of the general disposition of damages cases, listed for hearing tomorrow.

The affidavit by the solicitor for the respondent stated that no notification was received from the Registry that the matter was listed for hearing on 5 December 1995, although it discloses that the Registry advised that a notice was sent to the respondent's solicitor's firm on 2 November 1995. It must have gone astray.

However, counsel who was briefed to appear at the trial did inform the respondent's solicitor on 30 November 1995 that the matter had been listed for hearing on 5 December 1995, the circumstances being that Mr Ingram of counsel received a copy of submissions which had been prepared by the appellants" solicitors. Mr Ingram is unable to accept a brief tomorrow, he having part heard commitments at Newcastle.

It has been put that the respondent may be at a disadvantage in that the appellants have retained counsel who appeared at the trial and, further, that, Mr Ingram not beingavailable, no other counsel has yet been briefed.

It is unfortunate that when it was known, as must have been known, that Mr Ingram could not accept a brief in the matter, when he informed the respondent's solicitors on 30 November 1995, steps were not immediately taken to brief other counsel. That is what should have occurred.

Nonetheless, the matter is not of a great complexity. There are only two matters in issue, namely the amount of non economic loss and the sum awarded for future economic loss. It is a matter which any competent counsel can readily get up overnight. In those circumstances, I decline to remove it from the list.