ADI Limited v NQEA Australia Pty Ltd

[1999] QCA 370

99.370

COURT OF APPEAL

McMURDO P

Appeal No 3852 of 1999A

ADI LIMITED	Appellant (Respondent)
and
NQEA AUSTRALIA PTY LTD	Respondent (Applicant)
BRISBANE ..DATE 06/09/99
060999 D.1 T9/PB6 M/T COA218/99

THE PRESIDENT: The appellant gave instructions to its solicitors to lodge this appeal within time albeit on the last day for the filing of the appeal, 27 April 1999. The appeal was filed within time and served on the respondent by facsimile within time.

The appeal is from a decision given in the Cairns Supreme Court and the rules required that a copy must also therefore be forwarded to the Registrar of the Supreme Court at Cairns within the time for filing the appeal. Through oversight this was not done. Both the parties have been progressing the appeal in a timely fashion.

The respondent, who has chosen not to appear this
afternoon, does not oppose the order sought with an
appropriate costs order but requested that a letter
from the respondent's solicitors be tendered in these

proceedings. It is Exhibit 1.

In that letter the respondent says it is not to be
taken as conceding that no third party could have
suffered prejudice as a consequence of the failure to
institute the appeal at the appropriate time and it has
listed a number of matters. Those matters do not lead
me to conclude that prejudice has been suffered in this
case.

060999 D.1 T9/PB6 M/T COA218/99

Bearing in mind the respondent's decision not to appear
today, its attitude to this application and the fact
that there is no suggestion that the appeal is not an
arguable one, the order sought by the applicant is in
my view just.

I order that the time for filing the notice of appeal in this case be enlarged until 30 July 1999. I order that the applicant pay the respondent's costs of and incidental to this application.

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