22 Dec 2009
VINCENT ROSS SIEMER V MICHAEL PETER STIASSNY AND ANOR CA CA453/2009
- Citation
- openlaw-d056b941_6cba_4e1c_877f_d24128701881.pdf
- Court
- Court of Appeal
The Court treated the appeal as abandoned under r 43(1) but, because the abandonment resulted largely from delay in registration attributable to the Court and Official Assignee, it exercised its discretion to grant an extension of time and treat the earlier notice as refiled on the date of judgment; however, in the interests of justice and having regard to the appellant's sustained contempt and debarment from defending the High Court proceeding the Court struck out the appeal except to permit a limited challenge to the quantum of damages, and dispensed with security for costs.