SIGMA METALLURGICAL COMPANY PTY LIMITED v SHANGHAI FOREIGN TRADE CORPORATION [1996] NSWCA 477

SIGMA METALLURGICAL COMPANY PTY LIMITED v SHANGHAI FOREIGN TRADE CORPORATION

SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

PRIESTLEY JA and GILES AJA 21 October 1996

[1996] NSWCA 477

Priestley JA. This is a summons seeking leave to appeal from a judgment of Bainton J of 6 August 1996. The claimant's name has been called, in the ordinary way, three times outside the door of the Court at about 10.28, the matter having been listed for hearing for 10.15, and there is no appearance.

Mr Harrowell, solicitor for the opponent, has drawn the Court's attention to documents in the Court file which show that the solicitors previously acting for the claimant have ceased to act and have notified their client in what appears to be compliance with the Rules. Mr Harrowell has told the Court from the Bar table of various matters which indicate that the non-attendance here is deliberate on the part of the claimant and it seems likely the claimant has no intention of pursuing the application for leave to appeal.

In the circumstances it seems the most sensible thing to do is to dismiss the claimant's summons with costs.

Orders accordingly.