NURIO v NAYLOR [1994] NSWCA 246

NURIO v NAYLOR [1994] NSWCA 246

The appeal was struck out because the appellant failed to provide and maintain a proper address for service and did not clear correspondence, effectively putting himself beyond the orders of the Court and causing inconvenience to the opposing party.

Parties
Appellant: Thrllama Nurio; Claimant: Damian Perrignon
Jurisdiction
Australia
Judgment Date
08 August 1994
Procedural Posture
Appeal / Motion to Strike Out Appeal
Outcome
appeal struck out
Legal Topics
Address for Service, Failure to Appear, Strike Out Appeal, Unrepresented Litigant
Practice and Procedure Address for Service Failure to Appear Strike Out Appeal Unrepresented Litigant

Case Brief

Summary, issues, holding and outcome

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Parties

Thrllama Nurio

Appellant

Damian Perrignon

Claimant

Procedural Posture

Appeal / Motion to Strike Out Appeal

Legal Issues

  1. 1 Whether appeal should be struck out due to failure to provide proper address for service and failure to clear correspondence.
  2. 2 Whether litigant can put himself beyond the orders of the Court by not providing and maintaining an address for service.

Ratio Decidendi

The appeal was struck out because the appellant failed to provide and maintain a proper address for service and did not clear correspondence, effectively putting himself beyond the orders of the Court and causing inconvenience to the opposing party.

Court Disposition

appeal struck out

Orders

  • Purported appeal struck out
  • Opponent to pay the claimant's costs of the motion