De Santis v Russo

[2001] QCA 283

[2001] QCA 283

COURT OF APPEAL

McMURDO P

Appeal No 3109 of 2001

MIRELLA DE SANTIS  Appellant (Applicant)

and

MARIA RUSSO  Respondent (Respondent)

BRISBANE

..DATE 19/07/2001

ORDER

THE PRESIDENT:   The reason this matter has been listed is as follows.  The appeal was filed on 5 April 2001.  The appellant filed their outline of argument on 17 April and has been attempting to settle index to record book with the respondent.

The respondent is currently represented by a firm of solicitors whose only contact with their client is via lawyers in Italy.  The respondent's solicitors advise that all communication has needed to be translated. 

On 25 May the respondent's solicitors wrote to the Registry advising they had been unable to obtain instructions from their clients since 7 November 2000 which was the date of the judgment the subject of the appeal and made inquiries about having their names as solicitors for the respondent removed from the record.  And they, in fact, later indicated in July that they would seek leave to withdraw from the record.

They have had no contact with their clients for some time and have made considerable efforts to contact their client by e-mail on 8 November, a letter on 7 December, letter on 22 January, e-mail of 16 March, e-mail of 4 April, e-mail of 8 May, and a fax on 2 July, and they have not received any response.  There are also outstanding fees which have remained unpaid for 12 months.  In the circumstances it seems to me that it would be difficult to refuse their application to withdraw from the record. 

The respondent's solicitors gave the Registry their contact details, and on 10 July the Deputy Registrar, Appeals,
e-mailed the respondent's lawyers in Italy and posted a letter also advising of the mention today.  The Registry attempted to send a facsimile, but this was unsuccessful.  The Registry has received no response to attempts to contact the respondent through her Italian lawyers. 

The solicitors for the respondent are given leave to withdraw.
I direct that the need for the respondent to agree to the settled index to the record book be dispensed with. 

The appeal record book is to be filed and served within 21 days.  In the absence of any outline of argument being filed by the respondent, the appeal will be listed for hearing in the usual course and will, if necessary, be heard in the absence of the respondent or her legal representatives, though, of course, the respondent will be served with all material in this matter at the respondent's last known address through their Italian lawyers.

And I further direct that the respondent's solicitors send a copy of these directions to the respondent at her last known address which I note is Studio Legale 00195 Roma, Piazza Del Fante, 2. 

I order that the appellant's costs of and incidental to this hearing be paid by the respondent.

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