CACHIA v WALKER [1996] NSWCA 86

CACHIA v WALKER

SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

PRIESTLEY JA and SHELLER JA 23 September 1996

[1996] NSWCA 86

Priestley JA. This matter is an application for expedition which was heard by Registrar Jupp initially two weeks ago pursuant to rules which recently came into force giving him the powers of a judge of appeal in regard to various proceedings including applications for expedition.

Registrar Jupp refused the application. In the course of giving reasons for his refusal he said that under the Court's present listing arrangements the appeal is likely to be heard in the second half of 1997, whether or not an order for expedition is made. The applicant had earlier received an indication from the Court that it would be considerably later than that that his appeal would be heard. However, Registrar Jupp, who is intimately acquainted with the timetabling of appeals in this Court is directly aware of the present situation and what he said in his reasons is to the knowledge of the Court correct.

Pursuant to Section 46 of the Supreme Court Act the appellant Mr Cachia applied to discharge or vary the order of Registrar Jupp refusing theapplication for an expedited hearing. When the matter came before the Court this morning the Court raised with the parties the question of whether there might be some difficulty in light of Sections 46 and 46B of the Supreme Court Act and the rules relating to the Registrar's powers, if two rather than three judges heard the matter. It became unnecessary to investigate the possibility that there might be a difficulty involved as both Mr Cachia, the claimant before the Court today, and Mr Modder, the legal representative of the opponent, agreed that they wished the Court as presently constituted, that is of two judges, to hear and dispose of Mr Cachia's application.