Wakim v Kolotouros [2018] NSWCA 46

Wakim v Kolotouros [2018] NSWCA 46

As minimal progress had been made and considering the finality of the order below without scope for recommencement, the appellant was given one final opportunity to comply with court directions, but warned that no further indulgence would likely be granted.

Jurisdiction
Australia
Judgment Date
14 March 2018
Procedural Posture
Appeal / Interlocutory Hearing on Motions to Dismiss Appeal for Want of Prosecution / Compliance
Outcome
Orders made; appeal not dismissed but final opportunity for compliance granted, with costs in respect of motions reserved.
Legal Topics
['appeal Procedure' 'non Compliance With Court Directions' 'dismissal for Want of Prosecution']
['civil Procedure'] ['appeal Procedure' 'non Compliance With Court Directions' 'dismissal for Want of Prosecution']

Case Brief

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Procedural Posture

Appeal / Interlocutory Hearing on Motions to Dismiss Appeal for Want of Prosecution / Compliance

Legal Issues

  1. 1 ['Whether appeal should be dismissed for want of due despatch and non-compliance with court directions' 'Whether appellant should be granted further time to comply with procedural requirements']

Ratio Decidendi

As minimal progress had been made and considering the finality of the order below without scope for recommencement, the appellant was given one final opportunity to comply with court directions, but warned that no further indulgence would likely be granted.

Court Disposition

Orders made; appeal not dismissed but final opportunity for compliance granted, with costs in respect of motions reserved.

Orders

  • ['Direct that by Tuesday, 3 April 2018: (i) red appeal book be filed and served; (ii) if required, an affidavit pursuant to Uniform Civil Procedure Rules 2005 (NSW) 51.22 be filed and served; (iii) evidence in relation to costs be filed and served.' "Stand over each notice of motion to registrar's list on Tuesday, 3...