GHABOUR v ROYAL PRINCE ALFRED HOSPITAL [1995] NSWCA 168

GHABOUR v ROYAL PRINCE ALFRED HOSPITAL SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

SHELLER JA 8 May 1995

[1995] NSWCA 168

Sheller JA. Mr Albert Ghabour has appealed against a jury verdict entered in favour of the respondents, The Royal Prince Alfred Hospital and Dr Harvey, on 2 September 1993. There has been considerable delay in the progression of this appeal by the appellant. Before the Court, today, are notices of motion by both respondents seeking either that the appeal be dismissed for want of prosecution or security for costs.

The appellant opponent applies to have these applications further adjourned for a fortnight. The ground advanced for this course is that affidavits filed on behalf of the respondents have, in one case, only been recently received and, in the other case, only received today by the opponent's legal advisers. I am informed that the appeal books were filed on 24 February 1995 so that, in a formal sense, the appeal is in a position where it can in due course be listed for hearing.

In those circumstances I am prepared to grant the further adjournment sought. I observe that it seems to me that these applications should now be resolved as soon as possible. It is very undesirable that there be repeated adjournments with the legal representatives of the parties brought back to Court and, no doubt, costs incurred.

I stand the applications over to 22 May 1995. I order that the opponent file and serve any further affidavits on which he proposes to rely in these applications on or before 15 May 1995. The costs of today will be the costs of the application.

Orders accordingly.