EDWARDS v SHIH (AKA YIN NAN SHIH) [1996] NSWCA 169

EDWARDS vy SHIH (AKA YIN NAN SHIH) SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

REGISTRAR Jupp 25 November 1996

[1996] NSWCA 169

Registrar Jupp. In this case there was an appeal filed on 27 August 1996 by Denis William Edwards and Janice Anne Edwards nominating Edward Shih as a respondent.

At the appointment to settle the appeal index on 10 October 1996 there was some problem as to the retainer of the solicitor who purported to act for the appellants. He in fact advised the Registrar on that occasion that he was only appearing on behalf of the second appellant. That appointment was adjourned to 15 November 1996 and on that occasion the solicitor for the second appellant advised the Registrar that as between the second appellant and the respondent that the appeal had been resolved and that they would be filing a notice of discontinuance of the appeal insofar as it affected the second appellant.

A notice of discontinuance has been filed by the second appellant. I directed that a copy of the directions that I made on 15 November 1996 be served on the solicitors for the first appellant and I noted that the first appellant wouldneed to file an amended notice of appeal and appear today if they wished to prosecute the appeal.

The matter has been called outside today and there were no appearances for either party. Under those circumstances it appears to me that the first appellant does not wish to proceed with the appeal and the proceedings should be struck out for want of prosecution.

Orders accordingly.