HODGES v WATTS [1995] NSWCA 196

HODGES v WATTS [1995] NSWCA 196

It is not appropriate to strike out the appeal without assurance that the appellant has been informed of the callover date; the matter is adjourned and steps are ordered to notify the appellant.

Parties
Appellant: Hodges; Respondent: Watts; Respondent: Second respondent
Jurisdiction
Australia
Judgment Date
06 April 1995
Procedural Posture
Appeal / Adjournment
Outcome
Matter stood over for adjourned callover; costs reserved.
Legal Topics
Strike Out, Adjournment, Costs
Civil Procedure Strike Out Adjournment Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Hodges

Appellant

Watts

Respondent

Second respondent

Respondent

Procedural Posture

Appeal / Adjournment

Legal Issues

  1. 1 Whether the appeal should be struck out in absence of the appellant
  2. 2 Whether notice of the adjournment is to be served on the appellant
  3. 3 Allocation of costs for the day's proceedings

Ratio Decidendi

It is not appropriate to strike out the appeal without assurance that the appellant has been informed of the callover date; the matter is adjourned and steps are ordered to notify the appellant.

Court Disposition

Matter stood over for adjourned callover; costs reserved.

Orders

  • Adjourned to 9.30am, 26 April 1995.
  • Registrar directed to write to Mr Hodges at his last known address notifying him of the adjournment date.