Deputy Commissioner of Taxation v Lister

[2002] QCA 178

[2002] QCA 178

COURT OF APPEAL

WILLIAMS JA

Appeal No 196 of 2002

No D156 of 2000

DEPUTY COMMISSIONER OF TAXATION     Respondent (Plaintiff)

and

LEONARD WARBURTON LISTER            Appellant (Defendant)

No D157 of 2000

DEPUTY COMMISSIONER OF TAXATION     Respondent (Plaintiff)

and

KATHLEEN PATRICIA LISTER            Appellant (Defendant)

BRISBANE

..DATE 24/05/2002

ORDER

WILLIAMS JA:  Well, gentlemen, I think in the circumstances the matter should be delisted from the Townsville sittings of the Court, should be set down for hearing in Brisbane on the 10th of July 2002. 

And I would direct that Messrs Connolly Suthers, the solicitors on the record for the appellant, take steps to withdraw as solicitors on the record at least 14 days prior to the 10th of July if the appellants are unable to raise the appropriate funding for the appeal and that at that time the appellants apply to the Registrar for exemption from the payment of fees for the appeal book so that they are able to appear in person on the 10th of July.

And if, on Connolly Suthers withdrawing, the appellants file the appropriate documentation indicating they are appearing in person including an address for service.  And I would also order that the appellants pay any costs of the respondents thrown away by the adjournment to be assessed.

Mr O'Shea, would you just ensure that Mr Lister understands what the position is.  There will be, short of some dramatic change in circumstances, no further adjournments granted.  The matter will proceed in Brisbane on the 10th of July and that he takes timely steps to ensure that the matter is able to proceed on that date.

MR O'SHEA:  I shall do that, your Honour.  Thank you.     -----