French v Bremner (No 2)

In the matter of *French v Bremner (No 2)*, the New South Wales Court of Appeal considered applications to dismiss a cross-appeal and to strike out a notice of cross-appeal. The dispute arose from an appeal and cross-appeal, with one party seeking to dismiss the cross-appeal due to alleged failure to prosecute with due despatch and non-compliance with court directions, while another sought to strike out the notice of cross-appeal on grounds of procedural irregularity and lack of merit, arguing it was frivolous, vexatious, or an abuse of process.

The Court was required to determine whether the cross-appeal should be dismissed for want of prosecution, specifically in light of the non-compliance with filing directions and the granting of indulgences by extending time. Additionally, the Court had to consider whether the notice of cross-appeal, which sought to commence proceedings against a non-appellant, was a procedural irregularity that rendered it frivolous, vexatious, or an abuse of process under rule 13.4 of the *Uniform Civil Procedure Rules 2005* (NSW).

Basten JA, in his decision, dismissed the motion to dismiss the cross-appeal, indicating that the indulgences granted for filing submissions were sufficient. The Court also dismissed the motion to strike out the notice of cross-appeal. The costs associated with both motions were ordered to be costs in the cross-appeal.