ZABETAKIS v KOUFOS (BY HER TUTOR PETER KOUFOS) [1996] NSWCA 577

ZABETAKIS v KOUFOS (BY HER TUTOR PETER KOUFOS) SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

MAHONEY ACJ and PRIESTLEY AP 26 August 1996

[1996] NSWCA 577

Mahoney ACJ. This is a matter which comes before the court, as far as the papers indicate, in the following way: It appears that a notice to appeal without appointment was filed on 10 May 1996. A notice of appeal with appointment was filed on 6 June 1996. When the matter came before the Registrar to settle the index for the appeal papers the view was formed that the appeal was incompetent without leave and it would appear that the parties were informed that the matter would be referred to this court today in order to determine whether the appeal should be struck out as incompetent.

The matter is before the court today and the parties have been called outside the court. There is no appearance for either party. In the circumstances, the court is of the opinion that the expedient course to take is to direct that the appeal be dismissed. It will make no order as to costs of the dismissal or of the proceedings today.

It will, however, as part of its order direct that leave be reserved to either party to apply to this court for reinstatement of the appeal if that application is made within twenty-one days of today's date. It will direct that the Registry notify by letter to the solicitors filing the notice of appeal in the appropriate way what has happened today so that the solicitors or the parties may take such steps as they may deem appropriate. If no steps are taken for reinstatement of the appeal then the appeal will stand dismissed. The Registry will accordingly give notice as I have indicated.

Orders accordingly.