30 May 2013
The appeal was struck out because the respondent failed to take any steps to prosecute the appeal for an excessive period (since May 2011), showed no intention to continue (no progress on annulment of bankruptcy), and thus abused court process causing real prejudice to the applicant; striking out was necessary to vindicate case management under Order 1A.
14 Dec 2011
A single judge of the Court of Appeal has jurisdiction under s.35 HCO to hear an application for an unless order provided the application itself does not determine the appeal; the Court of Appeal also possesses inherent jurisdiction to strike out notices of appeal, but the exercise of that jurisdiction by making an unless order is discretionary and should be refused where the plaintiff has not pursued less draconian enforcement methods and where the underlying appeal has been held to have reasonable grounds; accordingly the summons for an unless order was dismissed and costs ordered to follow…