SIDOR v NOWAK (T/as TATRA BUTCHERY) [1996] NSWCA 476

SIDOR v NOWAK (T/as TATRA BUTCHERY)

SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

SHELLER JA 22 May 1996

[1996] NSWCA 476

Sheller JA. This is an appeal wherein by leave a notice of appeal was filed out of time from a decision against the plaintiff/appellant by his Honour Judge Smyth QC in the District Court on 11 February 1993.

The application for leave to appeal was granted in early 1993 and an appeal index settled in September 1993. Since that date it appears from the file that little, if anything, has been done by the appellant to prosecute the appeal. Various reasons have been advanced from time to time for this delay and the matter has been mentioned a number of times before the Registrar and also before Clarke JA.

Opportunities have been given to the appellant to seek assistance through the Bar Association. Mrs Sidor advises me that such assistance has been soughtand that she has received certain advice, which she told me about, which would suggest that the case is not considered one appropriate for such assistance.

It was indicated in February of this year by Clarke JA that, subject to favourable advice or some assistance being available from the Bar Association, there seemed no purpose in allowing the appeal to proceed further. Since February 1996, apart from the reference to the Bar Association, nothing further seems to have happened.

In my opinion, in the circumstances as they have been told to me by Mr Brown, who appears today for the respondent, and from looking at the file, this seems to me to be an appropriate case in which to make an order under Part 51 tule 17.

Accordingly, the order that I make is that the appeal is dismissed for want of prosecution. I make no order as to costs.

Orders accordingly.