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Troiani v National Australia Bank Limited

 

[2002] QCA 78

COURT OF APPEAL

McMURDO P

Appeal No 3447 of 2001

NATIONAL AUSTRALIA BANK LIMITED Respondent (Plaintiff)

and

SANTE TROIANIFirst Appellant (First Defendant)

and

RITA CESARINA TROIANISecond Appellant (Second Defendant)

BRISBANE

DATE 14/03/2002

ORDER

THE PRESIDENT:  Mr Troiani has asked for an adjournment of this matter which was listed for hearing at a recent callover on the 10 April 2002.  The appeal is an old matter.  It was filed on 18 April 2001.  It has been listed for a mention in July last year when directions were given and not complied with.  It was listed for hearing of the appeal on 22 November and adjourned.

The directions given by The Chief Justice on that occasion were not complied with within the time.  The appellant has been given considerable leniency by the Court in not meeting time frames.  No doubt, in part, because he is unrepresented.  He claims that if the matter is adjourned he will have more time to get some more information that may be helpful to his appeal but this does not persuade me that an adjournment of the matter would mean that he would receive any further information which could help him in his appeal.

I can see no reason for delisting the hearing of this appeal on 10 April 2002.  The appeal will proceed at that time.

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Editorial Notes

  • Published Case Name:

    Troiani & Anor v National Australia Bank Ltd

  • Shortened Case Name:

    Troiani v National Australia Bank Limited

  • MNC:

    [2002] QCA 78

  • Court:

    QCA

  • Judge(s):

    McMurdo P

  • Date:

    14 Mar 2002

Litigation History

Event Citation or File Date Notes
Primary Judgment [2001] QSC 77 22 Mar 2001 Judgment for the plaintiff in the sum of $5,329,703.90: de Jersey CJ
QCA Interlocutory Judgment [2001] QCA 282 19 Jul 2001 Directions for settling of appeal book index and filing of appeal book, in default of which matter to be listed for appellant to show cause why appeal should not be struck out: McMurdo P
QCA Interlocutory Judgment [2001] QCA 527 22 Nov 2001 Hearing adjourned; appellants to pay costs thrown away and security for costs in the sum of $7,500; in default of payment within 14 days the appeal is dismissed: Thomas JA, Chesterman J, Atkinson J
QCA Interlocutory Judgment [2002] QCA 78 14 Mar 2002 Adjournment refused: McMurdo P
Appeal Determined (QCA) [2002] QCA 196 06 Jun 2002 Appeal allowed; judgment for the plaintiff varied by reducing amount to $3, 451, 599.24: McPherson JA, Fryberg J, Helman J

Appeal Status

{solid} Appeal Determined (QCA)