Allregal Enterprises Pty Ltd v Carpaolo Nominees Pty Ltd [No 4]

[2012] WASCA 48

ALLREGAL ENTERPRISES PTY LTD -v- CARPAOLO NOMINEES PTY LTD [No 4] [2012] WASCA 48

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2012] WASCA 48
Court:	THE COURT OF APPEAL (WA)
Case No:	CACV:101/2008	Heard:	22 FEBRUARY 2012
Coram:	PULLIN JA	Delivered:	22/02/12
No of pages:	3	Judgment Part:	1 of 1
Result:	Appeal dismissed
Category:	B
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Parties:	ALLREGAL ENTERPRISES PTY LTD CAROL ELIZABETH FARRELL CARPAOLO NOMINEES PTY LTD
Catchwords:	Appeal dismissed because of noncompliance with orders
Legislation:	Nil
Case References:	Nil

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE COURT OF APPEAL (WA) CITATION : ALLREGAL ENTERPRISES PTY LTD -v- CARPAOLO NOMINEES PTY LTD [No 4] [2012] WASCA 48 CORAM : PULLIN JA HEARD : 22 FEBRUARY 2012 DELIVERED : 22 FEBRUARY 2012 FILE NO/S : CACV 101 of 2008 BETWEEN : ALLREGAL ENTERPRISES PTY LTD

First Appellant

CAROL ELIZABETH FARRELL
Second Appellant

AND

CARPAOLO NOMINEES PTY LTD
Respondent

ON APPEAL FROM:

Jurisdiction : SUPREME COURT OF WESTERN AUSTRALIA

Coram : MASTER SANDERSON

File No : CIV 2250 of 2007

Catchwords:

Appeal dismissed because of noncompliance with orders

(Page 2)

Legislation:

Nil

Result:

Appeal dismissed

Category: B

Representation:

Counsel:

First Appellant : No appearance
Second Appellant : No appearance
Respondent : Ms G D M De Silva

Solicitors:

First Appellant : Gavin Wells
Second Appellant : Public Trustee (WA) (as next friend of Ms Farrell)
Respondent : Solomon Brothers

Case(s) referred to in judgment(s):

Nil

(Page 3)

1 PULLIN JA: This appeal was instituted on 14 October 2008 against a decision of Master Sanderson who had granted an order for possession of property, that order having been made on 24 September 2008. The appellants were Allregal Enterprises Pty Ltd and Carol Elizabeth Farrell. The appeal by Mrs Farrell has been dismissed.

2 The respondent has applied for dismissal of Allregal's appeal. The affidavit reveals that Allregal has been deregistered and ASIC has indicated that they have no objection to the action being discontinued, which is probably a misprint for 'dismissed' which is the actual application on foot.

3 Pursuant to r 43(2)(g)(ii) of the Supreme Court (Court of Appeal) Rules (2005) (WA), the appeal should be dismissed for noncompliance with the rules. The formal order of the court will be that the appeal by Allregal Enterprises Pty Ltd be dismissed.