AUSTEUR PTY LIMITED v VLAHOS [1996] NSWCA 30

AUSTEUR PTY LIMITED v VLAHOS

SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

PRIESTLEY JA 12 February 1996

[1996] NSWCA 30

Priestley JA. Before the Court is a notice of motion by the respondent to an appeal that the appellant give security for the claimant's costs as respondent in the appeal.

Upon the matter coming on for hearing Mr Boyd, solicitor for the appellant and opponent, sought an adjournment and relied upon the contents of an affidavit which demonstrate that he has had difficulty in getting in touch with his clients. It may be that that difficulty is in part created by the clients themselves but I think it appropriate to give those clients one last chance to respond to the notice of motion, if they wish to oppose it, by putting on evidence and having the opportunity to be heard upon whatever evidence they wish to put before the Court.

It is not the fault of Mr Boyd, their solicitor, that I am being critical of them but it seems to me that they have brought upon their own head my feeling that it is their fault and nobody else's that they have not been able to get their case ready for today.

In order to ensure that everything they want to be able to put before the Court is before the Court, I do stand the matter over for a fortnight until26 February. In addition to what I indicated earlier any material upon which they wish to rely, if it is to be filed by way of affidavit, should be filed no later than 12 noon on Friday 23 February 1996. I also think that they must pay the costs of today's hearing.

On that basis the application for security is stood over to 26 February.

Orders accordingly.