BARRETT v ECCO PERSONNEL PTY LIMITED SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL MASON P and PRIESTLEY JA 28 April 1997 [1997] NSWCA 41 Mason P. In this matter it is noted that the opponent concedes the incompetency of the appeal, but that there are issues of costs relating to the motion to strike out the appeal as incompetent. It seems it is more practical that these issues of costs be dealt with at the same time as the motion for leave to appeal that we have been informed is returnable 5 May. Accordingly the motion to strike out the appeal as incompetent is adjourned to 5 May. All costs relating to that motion, including costs of today, are reserved. If there is to be any evidence relevant to the costs of that motion, it should be filed well before 5 May. Orders accordingly.