LANG and ANOR v KIRKNESS and ANOR [1994] NSWCA 178

LANG and ANOR v KIRKNESS and ANOR [1994] NSWCA 178

Notwithstanding delay, the appeal should not be dismissed at this stage; peremptory directions and expedition are ordered instead to progress the appeal efficiently.

Parties
Appellants: Mr and Mrs Lang; Respondents: Mr and Mrs Kirkness; Counsel (to Be Briefed for Appellants): Mr Malcolm Craig QC
Jurisdiction
Australia
Judgment Date
15 June 1994
Procedural Posture
Civil / Post Leave to Appeal, Interlocutory Application for Dismissal for Want of Prosecution
Outcome
Application to dismiss the appeal for want of prosecution refused. Peremptory orders made for filing and service of appeal materials and costs orders made.
Legal Topics
Appeals, Dismissal for Want of Prosecution, Costs, Expedition
Civil Procedure Appeals Dismissal for Want of Prosecution Costs Expedition

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Parties

Mr and Mrs Lang

Appellants

Mr and Mrs Kirkness

Respondents

Mr Malcolm Craig QC

Counsel (to Be Briefed for Appellants)

Procedural Posture

Civil / Post Leave to Appeal, Interlocutory Application for Dismissal for Want of Prosecution

Legal Issues

  1. 1 Whether the appeal should be dismissed for want of prosecution due to failure to file appeal books in time
  2. 2 Appropriate procedural directions where there has been delay

Ratio Decidendi

Notwithstanding delay, the appeal should not be dismissed at this stage; peremptory directions and expedition are ordered instead to progress the appeal efficiently.

Court Disposition

Application to dismiss the appeal for want of prosecution refused. Peremptory orders made for filing and service of appeal materials and costs orders made.

Orders

  • Appellants to file appeal books by 5pm on Monday, 20 June 1994, peremptorily.
  • Appeal books to be served on Mr and Mrs Kirkness by 5pm on Tuesday, 21 June, peremptorily.