Citation: Von Risefer & Anor v Permanent Trustee Co P/L

[2001] QCA 529

[2001] QCA 529

COURT OF APPEAL

de JERSEY CJ
CHESTERMAN J
ATKINSON J

Appeal No 5162 of 2000

EUSTACE VON RISEFER and
ELIZABETH VON RISEFER
                 (Plaintiffs)                 Appellants

and

PERMANENT TRUSTEE COMPANY PTY LTD
                 (Defendant)                  Respondent

BRISBANE

..DATE 23/11/2001

JUDGMENT

THE CHIEF JUSTICE:  This is an appeal against a judgment entered in favour of the respondent mortgagee for the recovery of possession of the appellants' land at Helensvale.  The appellants, though notified and plainly aware that the appeal is set down for hearing this morning in this courtroom, have failed to appear to prosecute their appeal.  The appeal should therefore be dismissed for want of prosecution.

We have all had the opportunity to consider the judgment the subject of the appeal, and the outlines of argument presented both for the appellants and the respondent.  Our having done that, it should be observed that the Judge's reasons for judgment, which are extensively footnoted, deal comprehensively with the challenges mounted by the appellants and convincingly establish the respondent's entitlement to recover possession of the land.

The notice of appeal is a lengthy document and for the most part in my view its grounds are incomprehensible, expressed in embarrassing form and irrelevant.  The appellants' outline of argument largely reproduces the notice of appeal.  Judicial resources have been consumed, on one view unnecessarily, in the progress of the matter to this point. 
It is appropriate, in terms of the merits, our dismissing the appeal for want of prosecution, that it also be confirmed that the appeal should be dismissed because of the respondent's demonstrable entitlement for judgment for the reasons which were expressed by the learned trial Judge.

CHESTERMAN J:  I agree.

ATKINSON J:  I agree.

THE CHIEF JUSTICE:  The appeal is dismissed, with costs to be assessed.

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