UDOWENKO v RASEVI PTY LTD [1996] NSWCA 539

UDOWENKO v RASEVI PTY LTD

SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

CLARKE JA, Simos AJA and ABADEE AJA 3 September 1996

[1996] NSWCA 539 APPLICATION FOR ADJOURNMENT

Clarke JA. (On application for adjournment)

On 3 July 1996 Registrar Jupp fixed the hearing of this appeal for today, 3 September 1996.

Although the original judgment had been given as long ago as 12 February 1992 the delays in the preparation of the appeal book had caused the fixing of the date to be put off until 3 July.

For nearly two months nothing was heard of the appeal but last Friday 30 August the appellant, Wolodymr Udowenko, filed a notice of motion supported by an affidavit bearing the same date.

In that motion, which was returnable yesterday, 2 September, the appellant sought an order that the hearing date be vacated for the reason that he wished to apply for leave to adduce fresh evidence in the appeal.

He also said in his notice of motion that his parents had applied for Legal Aid to set aside the judgments and to take certain actions, and they wished to be parties to the appeal and the application to adduce fresh evidence but there isabsolutely no evidence from his parents, nor does anyone appear before the Court to represent them.

Before putting to one side the paragraphs in the notice of motion relating to the appellant's parents, I should mention two facts. First, they were originally parties to the appeal. However on 14 September 1992 I acceded to an application by the respondent to strike them out as parties to the appeal. This application was not, I should add, opposed by the appellant.

Secondly, in 1993 the appellant's parents and his brother applied to set aside the judgment of Bryson J, which is the subject of the present appeal, as against them upon the grounds that they had not been served with any originating process.