Dudzinski v Aitken

[1999] QCA 317

99.317

COURT OF APPEAL

McMURDO P

Appeal No 8899 of 1998

WALDEMAR DUDZINSKI	Appellant (Plaintiff)
and
ANDREW AITKEN	Respondent (First Defendant)
and
ABLE SUPPORTING AND TRAINING AGENCY	Respondent (First Defendant)
BRISBANE ..DATE 13/08/99 130899 D1 T2/GS23 M/T COA191/99

THE PRESIDENT: This appeal was originally filed on
24 September 1998. An application for stay of execution
was filed on 17 December 1998 and the respondents who seem
to have been very reasonable in - as to procedural matters
in this case, agreed with the appellant's request that
both the stay and the appeal should be heard together.
There was a long history of requests from the registry to
get the appellant to require with the timetable of lodging
material necessary to progress his appeal and prepare a
record book.

The record book was originally to be filed and served by 3 December 1998. An extension was granted until 23 December 1998. On 1 June 1999 the appellant was again contacted about his overdue record book and gave reasons relating to the large amount of litigation he is conducting in other Courts for the delay. On 17 June he was directed to complete and file a record book no later than 30 July 1999.

That was extended to 4 p.m. on Monday, 9 August 1999 after
a further request for an extension by the appellant.

Needless to say, the record book has still not been filed.

The appellant has requested an adjournment of his matter
which has been listed now for some months, to proceed on
30 August 1999. He says his reason for requesting the
adjournment is that he has an appeal before the Full Bench
of the Federal Court on 27 August 1999 as unrepresented
130899 D1 T2/GS23 M/T COA191/99
litigant it is impossible for him to attend to that matter
and to this.

Although the respondent initially opposed the adjournment, having briefed counsel for 30 August 1999, the attitude of the respondent today is that they neither oppose nor consent to the adjournment, providing an order is made, protecting their right as to costs thrown away by the adjournment.

The appellant has informed the Court that he will be ready
to argue his appeal on 5 October 1999 and he will have an
appeal book ready to file and serve in the appropriate
form by 10 September 1999.

It must be said the appellant's lack of compliance with the directions given to him by the Registry is extremely poor and warrants censure. He has not complied with any of the generously extended timetable commitments given to him in respect to the record book or preparation of a draft index, settlement of the draft index or preparation of the record book itself, consistently failing to meet deadlines.

As the appellant is self-represented and has another
appeal before the Full Bench of the Federal Court on 27
August and as the respondent is not objecting to the
adjournment provided its costs met I am with some
misgivings persuaded that the adjournment should be given.
130899 T4/JC21 M/T COA191/99
I will also make directions in respect of the filing of
the appeal book. The effect of those directions, Mr
Dudzinski, will be that if the appeal book is not filed by
4 pm on 10 September 1999 in appropriate form the appeal
is to be struck out.

The orders are this appeal is adjourned until 5 October 1999. If the appellant does not file and serve an appeal book in appropriate form by 4 pm on 10 September 1999 this appeal is to be struck out.

I order the appellant pay the respondent's costs of the hearing today and the costs thrown away by the adjournment.

-----

130899 T4/JC21 M/T COA191/99