NEW SOUTH WALES BAR ASSOCIATION v PATERSON [1996] NSWCA 391

NEW SOUTH WALES BAR ASSOCIATION v PATERSON SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

MAHONEY P and PRIESTLEY JA 24 June 1996

[1996] NSWCA 391

Mahoney P. This matter comes before the Court again following an adjournment of the proceeding on the last occasion. The reasons for the adjournment and why it is before the Court today are set forth in the transcript of the proceedings on that day and in the brief judgment which I then gave.

Mr Paterson apparently has not appeared today. Perhaps it would be prudent if he be called outside the Court just to ensure that he does not appear, although, Mr McDougall, you've indicated to me that he has not.

McDOUGALL: Yes he's been called before I think but it certainly could be done again.

MAHONEY P: If Mr Paterson has not filed a statement of claim in pursuance of the leave reserved to him by Hunt J and does not propose to do so, then it may be appropriate that the whole proceeding be dismissed. That would mean that it is not necessary for this Court to consider whether it can and should grant leave to appeal as sought by the Bar Association in this matter.

The Court is of the opinion that the present matter should be stood over to a convenient date so that Mr Paterson's position can be ascertained and in the meantime, if the Bar Association sees fit, it may file a notice of motion for dismissal of the proceeding as a whole. That can be served upon Mr Paterson and the matter will then be before this Court on the adjourned date to be dealt with in a way which may avoid unnecessary appearances and costs.

The Court is of the opinion that when the notice of motion is served upon Mr Paterson it should be accompanied by a letter explaining to him in simple terms what the position is so that he will understand what his rights are and what the Court would propose to do in his absence. I have some recollection that on the last occasion Mr Paterson referred to the possibility of his undergoing some surgical procedures of some seriousness. It may be convenient if the Bar Association makes some inquiries in that regard to see what his position is.