MULLER v NIXON SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL PRIESTLEY JA, HANDLEY JA and CoLe JA 9 April 1996 [1996] NSWCA 374 Priestley JA. The matter is one where a notice of appeal was filed which raised questions of fact which had been decided by the Trial Judge after assessing the credibility of both the plaintiff and the defendant below and finding in favour of the plaintiff and against the defendant who became the appellant. The appeal was thus an extremely unpromising one. The solicitors for the appellant, after getting the matter to the stage of having appeal books filed, filed notice of ceasing to act on 6 June 1994. A letter in the file dated 27 September 1995 told the Registrar that the solicitor on the record had ceased to act and he had no idea of the appellant's whereabouts. It would thus seem that the appellant may not be aware of the matter being listed for hearing today. That's a matter, so far as the Court records show, entirely due to his own actions. There is no reason why the case should be prolonged and the Court makes the orders sought by the respondent that the appeal be dismissed with costs. Orders accordingly.