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Lather v Gregory

 

[2003] QCA 452

 

COURT OF APPEAL

 

McMURDO P

 

Appeal No 6639 of 2003

 

STEPHEN PAUL LATHER

Appellant/Defendant

and

 

ROBERT SCOTT GREGORY AND KEITH JAMES CARL AS EXECUTORS OF THE ESTATE OF SYLVIA GLADYS (DECEASED)

Respondent/Plaintiff

 

BRISBANE

DATE 17/10/2003

 

JUDGMENT


THE PRESIDENT:  This appeal was filed on the 28th of July this year and is set down for hearing on the 18th of November 2003.

 

The appellant is a solicitor of this Court.  The appeal has not progressed in a timely fashion.  The outline which was due on the 18th of August 2003 was not filed until the 26th of August 2003, and then only after reminder letters were sent to the appellant on the 21st of August and the 26th of August.

 

The original timetable for the record book was in accordance with the standard times under the Practice Direction.  They were shortened due to the early hearing date set for the appeal.  On the 20th of August 2003, the Registry advised the appellant and respondent of the new record book timetable, namely that the settled index was to be filed and served by the 30th of September 2003 and the record book by the 13th of October 2003.  No index or obviously record book has yet been received by the Registry.

 

Since the appellant filed his outline on the 26th of August 2003, the only contact between him and the Registry was on the 13th of October when he called to advise that the appeal was unlikely to proceed.

 

That telephone communication followed two letters sent by the Registry; firstly on the 6th of October 2003 that the Senior Deputy Registrar wrote to the appellant reminding him that the appeal was listed for hearing on the 18th of November and that he had not complied with the requirements for the settled index and the record book which was required to be lodged forthwith.  The letter informed the appellant that failure to do so would result in the appeal being listed for mention at which time the appeal may be struck out for non-compliance with the Court's Practice Direction.

 

It also observed that where an appeal is listed for mention, it is common practice for an order to be made against the non-compliant party.

 

A further letter was sent on the 10th of October 2003 from the Senior Deputy Registrar to the appellant, again reminding him of non-compliance with the settled index as required by the Practice Direction and informing him that the appeal had been listed for mention at 9.30 a.m. today at which time he was required to attend and show cause why the appeal should not be struck out for want of prosecution.

 

He has not appeared today and has not contacted the Registry in any way since that communication on the 13th of October.

...

THE PRESIDENT:  In all the circumstances which I have set out earlier in these proceedings, the appropriate orders are that the appeal be struck out for want of prosecution with costs to be assessed.

Close

Editorial Notes

  • Published Case Name:

    Lather v Gregory & Carl as executors of estate of Gladys (dec'd)

  • Shortened Case Name:

    Lather v Gregory

  • MNC:

    [2003] QCA 452

  • Court:

    QCA

  • Judge(s):

    McMurdo P

  • Date:

    17 Oct 2003

Litigation History

No Litigation History

Appeal Status

No Status