ROLLS v BECHARA [1990] NSWCA 158
The court should give the appellant one last chance to show due diligence in prosecuting the appeal before considering striking it out.
- Parties
- Appellant: Rolls; Respondent: Bechara
- Jurisdiction
- Australia
- Judgment Date
- 09 April 1990
- Procedural Posture
- Appeal / Application to Strike Out Appeal
- Outcome
- Application stood over. Appellant given a further opportunity to proceed with appeal. Costs reserved.
Case Brief
Summary, issues, holding and outcome
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Parties
Rolls
Appellant
Bechara
Respondent
Procedural Posture
Appeal / Application to Strike Out Appeal
Legal Issues
- 1 Whether the appeal should be struck out for want of prosecution
Ratio Decidendi
The court should give the appellant one last chance to show due diligence in prosecuting the appeal before considering striking it out.
Court Disposition
Application stood over. Appellant given a further opportunity to proceed with appeal. Costs reserved.
Orders
- Application stood over until 30 April 1990.
- The position regarding the appeal will be considered on that date.
Full Case Text
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