HOWARD v COLLIER [1996] NSWCA 255

HOWARD v COLLIER

SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

MAHONEY ACJ and PRIESTLEY AP 26 August 1996

[1996] NSWCA 255

Mahoney ACJ. This is a matter which comes before the court for orders seeking, in the end, to set aside a judgment of Dunford J given on 22 February 1996 and upholding an order made by Master Malpass on 14 December last. Dunford J dismissed the appeal subject to one matter, which need not concern the court.

The matter should have proceeded today. It has been before the court on a number of other occasions. An application has been made for a further adjournment upon the ground that the claimant, Ellena Howard has not been well enough to prepare the matter.

The court may well have taken the view, I think, that there was nothing likely to be achieved by the application; it was unlikely to succeed and therefore, refused the adjournment. However, on balance, it has decided to adjourn the matter for one week so as to allow the applicant, Mrs Howard to put her papers in final form so that the matter can be dealt with.

However, she should be aware that on the next occasion the matter will, extraordinary circumstances apart, be dealt with and it is unlikely that the matter will be further adjourned. The applicant must bear the costs of today.

The matter will then stand over for one week. Costs of today to be paid by the applicant, Mrs Howard.

Orders accordingly.