NSW Caselaw
SLATER v STATE OF NEW SOUTH WALES
SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL
COLE JA 11 September 1996
[1996] NSWCA 478
Cole J In this matter an application has been made by way of notice of motion to remove as matter from a special sitting of short matters which is to commence on 16 September 1996 for two weeks. The matter is listed as a reserve matter in the first week to the effect that it will be called on on one day during that week. If there are settlements of cases in the preceding days this matter will be placed in substitution for such a settled matter. It is part of an endeavour by the Court to deal with a large number of short matters in as efficient a manner as is possible with the aim of removing the backlog. It was initially put that counsel who had been in the matter for the appellant was unavailable from Monday, Tuesday and Wednesday of the week commencing 16 September. In those circumstances my Associate indicated that the matter would be listed on either the Thursday or Friday. However, today, a further affidavit has been filed which indicates that there was supplied to the Court on call-over available dates of Mr Ryan being the 19th and 23rd September. The 19th of September is the Thursday when the matter could be listed.
Nonetheless it is desired, apparently, to remove the matter from the list for the week commencing 16 September.
I see no adequate reason why that should be done. I have not seen the appeal book but I have seen the notice of appeal. If the grounds of notice of appeal are those which are to be progressed - and I assume that they are - then I would not expect the matter would take very long. On the face of it, looking at the notice of appeal, it is a matter which any competent counsel could readily get up in a short period of time.
It is the 11th September today and, accordingly, there is more than adequate time to brief any number of counsel who could deal with the matter in the short appeals list commencing on 16 September.
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