JOVANOV v FRANKLINS SELF-SERVICE PTY LTD [1991] NSWCA 163

JOVANOV v FRANKLINS SELF-SERVICE PTY LTD [1991] NSWCA 163

The appeal was struck out for want of prosecution as the respondent had no objection and could not pursue the appeal.

Parties
Applicant: Franklins Self-Service Pty Ltd; Respondent: Mrs Jovanov
Jurisdiction
Australia
Judgment Date
21 October 1991
Procedural Posture
Criminal Appeal / Application to Strike Out Appeal
Outcome
appeal struck out for want of prosecution
Legal Topics
Appeal, Want of Prosecution, Costs
Criminal Procedure Appeal Want of Prosecution Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Franklins Self-Service Pty Ltd

Applicant

Mrs Jovanov

Respondent

Procedural Posture

Criminal Appeal / Application to Strike Out Appeal

Legal Issues

  1. 1 whether the appeal should be struck out for want of prosecution
  2. 2 whether an order for costs should be made

Ratio Decidendi

The appeal was struck out for want of prosecution as the respondent had no objection and could not pursue the appeal.

Court Disposition

appeal struck out for want of prosecution

Orders

  • application struck out for want of prosecution
  • no order as to costs