EVANS v PAGE [1996] NSWCA 175

EVANS v PAGE

SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

COLE JA 24 June 1996

[1996] NSWCA 175

Cole JA. In this matter application has been made on behalf of the respondent to vacate a hearing which is fixed for hearing Wednesday next. It seems that due to some administrative inefficiency in the registry, the respondents were not advised of this matter coming on for hearing. The respondents did receive advice that the matter was listed on Friday last 21 June when they were advised by the clerk or counsel for the appellant of that circumstance.

The matter is not one of any great complexity. The events in question occurred more than 22 years ago and the judgment was some eighteen months ago. In my opinion the matter should be brought on and ultimately determined.

The Court has been informed that the respondent is a barrister who is going overseas on vacation on either Tuesday or Wednesday of this week. Whilst I understand his desire to be present, his presence is unnecessary for the hearing of this appeal. Further, being a barrister, one might have thought that he would have shown some interest in this case and its progress in the list and might have requested his clerk to watch it. I would have expected that he would have been in a position to know that this matter was coming on for hearing when it was listed for hearing.

The Court is presently hearing 85 short matters. Considerable publicity has been given to that circumstance in both the journals of the Law Society and the Bar Association. In those circumstances I do not think any satisfactory reason has been advanced as to why the matter should not proceed. The appeal books are ready, the appellant's submissions have been filed and accordingly the matter will be listed for hearing on Wednesday next 26 June 1996. The respondent's submissions are to be filed and exchanged not later than noon on Tuesday 25 June 1996.