FRANCO v STATE RAIL AUTHORITY OF NEW SOUTH WALES [1996] NSWCA 190

FRANCO vy STATE RAIL AUTHORITY OF NEW SOUTH WALES SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

MAHONEY P 17 June 1996

[1996] NSWCA 190

Mahoney P. This matter comes before the Court today upon an application to strike out an appeal for want of prosecution. On the face of the papers before the Court, and I shall not detail them, there appears to be a reasonable case for striking out the appeal.

However, Mr Jephcott, the solicitor for the appellant, has made a number of efforts in an endeavour to find out where his client is. At the last moment in circumstances which he has detailed, he has found a name and address which may assist him to communicate with her.

In the circumstances he seeks an adjournment for twenty-one days. The applicant, the respondent in the appeal properly does not oppose that application. In the circumstances I think it is appropriate that the matter be stood over for twenty-one days or to a suitable Monday. The costs of today will be costs in the application.

If the appellant is not in a position to proceed on that day, that is, to proceed with the appeal, that may constitute a continuing want of prosecution, and the judge then dealing with the matter may determine what is the appropriate order to be made.

The order that I make is: stood over for twenty-one days. Costs to be costs in the application.

Orders accordingly.