Farnan v Acock

[1999] QCA 144

99.144

COURT OF APPEAL

McMURDO P PINCUS JA ATKINSON J

Appeal No 8455 of 1998

PATRICK FRANCIS FARNAN

First Applicant

(Appellant)
and

PAULA JANE FARNAN

Second Applicant

(Appellant)

and

ROBERT THOMAS ACOCK (LIQUIDATOR)

Respondent

(Unknown or n/a)

BRISBANE
..DATE 23/04/99
THE PRESIDENT: These matters are applications for
stays of execution. They were never correctly
instituted by the filing of a notice of appeal.

On 1 December 1998 the Court of Appeal constituted by the Chief Justice, Justice of Appeal Thomas and me ordered that these applications for stay be

adjourned to a date to be fixed and not be re-
listed until such time as the Registrar was
satisfied that the appeal was in a form which
could satisfactorily proceed; namely, that a

notice of appeal was filed.

As of today, 23 April 1999, no notice of appeal
has been filed in these matters. The Registry has
had no contact with the Farnans. Correspondence
from this Registry addressed to the Farnans has
been returned to sender. The respondent, who is
the liquidator of a company with which the Farnans
are associated, has also lost contact with the
Farnans and the Farnans' telephone numbers have

been disconnected.

On 20 October 1998 the respondent's lawyers told
the Senior Deputy Registrar (Appeals) that the
respondent did not intend to appear in relation to
any of the matters filed by the Farnans. The
lawyers confirmed this on 25 November 1998. On 22
April 1999 the respondent's solicitors were told
by the Senior Deputy Registrar (Appeals) that the
Court may strike out the remaining matters in this
case. The respondent's solicitors indicated that
there would be no appearance from the respondent.

There was no objection by them to the striking out of the matters and there were no issues arising as to costs.

In the circumstances of this case the lack of
diligence by the Farnans in prosecuting their
applications and/or appeals and their failing to
keep the Registry informed of a current address
for service justifies the striking out of these

matters.

I would order that the notice of motion filed 14
September 1998 and the purportedly amended unfiled
notice of motion of 13 October 1998 in relation to
the order of the Honourable Justice Wilson on 4
September 1998 and the matter of the purported
appeal against the order of the Honourable Justice

Williams of 8 October 1998 be struck out.

PINCUS JA: I agree.

ATKINSON J: I agree.

THE PRESIDENT: I order accordingly and add that there is no order as to costs.

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