FARROW MORTGAGE SERVICES PTY LTD (IN LIQUIDATION) v ANDRIES GASE [1993] NSWCA 94

Given the opponents' non-appearance, non-provision of security, and indication that their solicitor's instructions had been withdrawn, it was appropriate to vacate the stay and dismiss the appeal for want of prosecution.

Parties: Claimant: Farrow Mortgage Services Pty Ltd (In Liquidation); Opponent: Andries Gase; Opponent: Madison Hilltop Park Pty Ltd
Jurisdiction: Australia
Judgment Date: 05 July 1993
Procedural Posture: Appeal / Application for Dismissal for Want of Prosecution
Outcome: Appeal dismissed for want of prosecution; stay of execution vacated; costs awarded to claimant.
Legal Topics: Dismissal for Want of Prosecution, Non Appearance of Parties or Solicitors, Stay of Execution

Practice and Procedure Dismissal for Want of Prosecution Non Appearance of Parties or Solicitors Stay of Execution

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Party arguments 2 Amounts and remedies 1

Parties

Farrow Mortgage Services Pty Ltd (In Liquidation)

Claimant

Andries Gase

Opponent

Madison Hilltop Park Pty Ltd

Opponent

Procedural Posture

Appeal / Application for Dismissal for Want of Prosecution

Legal Issues

1 Whether stay of execution of previous judgment should be vacated
2 Whether appeal should be dismissed for want of prosecution due to non-appearance and failure to provide security

Ratio Decidendi

Court Disposition

Appeal dismissed for want of prosecution; stay of execution vacated; costs awarded to claimant.

Orders

Vacate the stay of execution of the judgment of Cole J of 12 May 1993 previously ordered by Rogers CJ CommD.
Dismiss the appellant's appeal for want of prosecution.