OLYMPIC AIRWAYS SA v CONSTANTINOS ADAMOPOLOUS [1990] NSWCA 141

OLYMPIC AIRWAYS SA v CONSTANTINOS ADAMOPOLOUS [1990] NSWCA 141

In light of delays and confusion caused by the unrepresented opponent, rather than dismiss the appeal for want of prosecution, the Court will provide one last opportunity for the appeal to be heard on its merits, conditioned on prompt action by the appellant to pay for the printing of the appeal books and to expedite hearing.

Parties
Claimant: Olympic Airways SA; Opponent: Constantinos Adamopoulos; Opponent: Adriana Adamopoulos
Jurisdiction
Australia
Judgment Date
27 August 1990
Procedural Posture
Appeal / Interlocutory Motion
Outcome
Orders for expedition of the hearing made, with conditional directions for payment by the appellant; dismissal relisting ordered if payment not made.
Legal Topics
Dismissal for Want of Prosecution, Expedition of Hearing, Appeal Procedure, Bankruptcy Proceedings, Costs
Practice and Procedure Dismissal for Want of Prosecution Expedition of Hearing Appeal Procedure Bankruptcy Proceedings Costs

Case Brief

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Parties

Olympic Airways SA

Claimant

Constantinos Adamopoulos

Opponent

Adriana Adamopoulos

Opponent

Procedural Posture

Appeal / Interlocutory Motion

Legal Issues

  1. 1 Whether the appeal should be dismissed for want of prosecution due to delay and failure to comply with procedural requirements.
  2. 2 Whether the appeal hearing should be expedited.
  3. 3 Whether costs relating to printing appeal books should be paid by the appellant.

Ratio Decidendi

In light of delays and confusion caused by the unrepresented opponent, rather than dismiss the appeal for want of prosecution, the Court will provide one last opportunity for the appeal to be heard on its merits, conditioned on prompt action by the appellant to pay for the printing of the appeal books and to expedite hearing.

Court Disposition

Orders for expedition of the hearing made, with conditional directions for payment by the appellant; dismissal relisting ordered if payment not made.

Orders

  • Order the expedition of the hearing of the appeal.
  • Direct the opponent Constantinos Adamopoulos, on his own behalf and on behalf of Adriana Adamopoulos, if she be a proper party, to pay to the Registrar within twenty-one days the sum ordered by the Registrar in accordance with the Rules for the printing of the appeal books. Notice of the sum payable is to be given...