DIRECTOR OF PUBLIC PROSECUTIONS v CASEY SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL MAHONEY JA 27 February 1995 [1995] NSWCA 127 Mahoney JA. In this matter the proceedings for contempt were struck out because neither party appeared when the matter was listed. It has been submitted that that resulted from a misunderstanding and the affidavit now before the Court supports that suggestion. In the circumstances it is appropriate that the matter be restored to the list, and I order that it be so. I will direct that it be stood over to the call over which is second from now; that is, not the next call over but the one after that. By that stage, it is to be hoped that the legal aid authorities will have come to a decision, one way or the other, whether legal aid is to be given for the opponent in the proceedings, and the matter can then be fixed for hearing. Having regard to the nature of it, I think it is desirable that the matter be dealt with as soon as may be and, no doubt, when the time comes for fixing a date at the call over, that can be borne in mind. Appropriate directions can be given accordingly. The costs of today are to be costs in the application. Orders accordingly.