Hiboro Pty Ltd & anor v GRE Insurance Limited [1999] NSWCA 57

Hiboro Pty Ltd & anor v GRE Insurance Limited [1999] NSWCA 57

The appeal was struck out for want of prosecution because the appellants had no solicitor on the record, did not appear at the relevant call overs or mention, were notified of the need to file an affidavit indicating an intention to proceed, and no such affidavit was filed.

Jurisdiction
Australia
Judgment Date
15 March 1999
Procedural Posture
Appeal / Mention
Outcome
Appeal struck out for want of prosecution.
Legal Topics
['want of Prosecution' 'dormant Appeals' 'non Appearance']
['practice and Procedure'] ['want of Prosecution' 'dormant Appeals' 'non Appearance']

Case Brief

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Procedural Posture

Appeal / Mention

Legal Issues

  1. 1 ['Whether the appeal should be struck out for want of prosecution where the appellants did not appear and did not file an affidavit indicating an intention to proceed with the appeal.']

Ratio Decidendi

The appeal was struck out for want of prosecution because the appellants had no solicitor on the record, did not appear at the relevant call overs or mention, were notified of the need to file an affidavit indicating an intention to proceed, and no such affidavit was filed.

Court Disposition

Appeal struck out for want of prosecution.

Orders

  • ['Appeal struck out for want of prosecution.' "The appellants are to pay the respondent's costs."]