NORDDEUTSCHE LANDESBANK GIROCENTRALE v SCHAEFFER [1992] NSWCA 172

NORDDEUTSCHE LANDESBANK GIROCENTRALE v SCHAEFFER [1992] NSWCA 172

Before dismissing an appeal for want of prosecution, notice must be given to the appellant at their last known addresses to afford an opportunity to be heard.

Parties
Claimant: Norddeutsche Landesbank Girocentrale; Opponent/appellant: Kurt Schaeffer
Jurisdiction
Australia
Judgment Date
24 August 1992
Procedural Posture
Appeal / Interlocutory Motion to Dismiss Appeal for Want of Prosecution; Hearing Stood Over
Outcome
Motion stood over; notification to appellant ordered; dismissal determination reserved.
Legal Topics
Dismissal for Want of Prosecution, Notice Requirements, Appeal Procedure
Practice and Procedure Dismissal for Want of Prosecution Notice Requirements Appeal Procedure

Case Brief

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Parties

Norddeutsche Landesbank Girocentrale

Claimant

Kurt Schaeffer

Opponent/appellant

Procedural Posture

Appeal / Interlocutory Motion to Dismiss Appeal for Want of Prosecution; Hearing Stood Over

Legal Issues

  1. 1 Whether the appeal should be dismissed for want of prosecution without providing notice to the appellant at his last known addresses

Ratio Decidendi

Before dismissing an appeal for want of prosecution, notice must be given to the appellant at their last known addresses to afford an opportunity to be heard.

Court Disposition

Motion stood over; notification to appellant ordered; dismissal determination reserved.

Orders

  • Stand over the motion to Monday, 31 August 1992.
  • Order that copies of the notice of motion and affidavit be sent by registered post to the last known addresses of Mr Schaeffer in Byron Bay, NSW, Australia and Berlin, Germany, with a letter explaining the substance of the motion and reasons.