Craven v KFS Financial Services Pty Ltd

[2002] TASSC 103

[2002] TASSC 103

CITATION:              Craven & Anor v KFS Financial Services Pty Ltd [2002] TASSC 103

PARTIES:  CRAVEN, Gordon James
  CRAVEN, Janet

v
KFS FINANCIAL SERVICES PTY LTD

TITLE OF COURT:  SUPREME COURT OF TASMANIA (FULL COURT)
JURISDICTION:  APPELLATE
FILE NO/S:  FCA 67/2002
DELIVERED ON:  12 November 2002
DELIVERED AT:  Hobart
HEARING DATE:  12 November 2002
JUDGMENT OF:  Cox CJ, Slicer and Evans JJ

(Edited edition of Reasons for Judgment delivered orally)

CATCHWORDS:

REPRESENTATION:

Counsel:
           Appellant:  In person
           Respondent:  I A Gaggin
Solicitors:
           Appellant:  In person
           Respondent:  Murdoch Clarke

Judgment  Number:  [2002] TASSC 103
Number of paragraphs:  6

Serial No 103/2002
File No FCA 67/2002

GORDON JAMES CRAVEN & JANET CRAVEN v
KFS FINANCIAL SERVICES PTY LTD

REASONS FOR JUDGMENT  FULL COURT

COX CJ
SLICER J
EVANS J
12 November 2002

Order of the Court

Appeal dismissed.

Serial No 103/2002
File No FCA 67/2002

GORDON JAMES CRAVEN & JANET CRAVEN v
KFS FINANCIAL SERVICES PTY LTD

REASONS FOR JUDGMENT  FULL COURT

COX CJ
SLICER J
EVANS J
12 November 2002

1. On 1 August 2002, the learned primary judge ruled that the interrogatories, the subject of this appeal, were oppressive. 

1. The appellant filed the appeal on 12 August, and on 30 August, the respondent filed a further and better answer to interrogatories which, in effect, provided an answer to the questions which had been asked.  It should have been quite clear to both parties at this stage that the further prosecution of the appeal was futile.

1. Notwithstanding this, the matter proceeded with the settling of the appeal book and application was made by the respondent for an order for the payment of security for the costs of the appeal in the sum of $5,000.  The appellants, in early October 2002, filed a letter indicating willingness to consent to such an order.  The order was not, however, made as on 17 October 2002 the appellants filed an application for leave to discontinue this appeal.

1. In our view, this matter should not have proceeded beyond the time when the further and better answers to interrogatories made it clear that there was nothing to be gained by doing so.  Common sense dictated that the parties should not have expended further energies on the matter.  The parties, however, remained in a state of mutual confrontation which has continued to date.

1. The respondent should have its costs of the appeal up until the date of the delivery of the further and better answers to interrogatories; but in the circumstances we take the view that it is inappropriate that any order as to any further costs in relation to this appeal or the application for security for costs should be made.

1. Accordingly, we order that the appeal be dismissed and that the respondent have its costs of the appeal until 30 August 2002.