Hartas v National Australia Bank

[2002] QCA 315

[2002] QCA 315

COURT OF APPEAL

McMURDO P

Appeal No 4015 of 2002

LEO HARTAS  Appellant/Plaintiff

and

NATIONAL AUSTRALIA BANK          Respondent/Defendant

BRISBANE

..DATE 23/08/2002

ORDER

THE PRESIDENT:  This appeal was filed on 3 May this year.  The appellant did not comply with any of the timeframes set by the Registrar in terms of giving an undertaking as to the record book, appellant's outline, a settled index or the preparation of the record book.  He has been sent a number of letters reminding him of his responsibilities but has not responded to those letters and has made no contact with the Registry.  He has been notified in writing of the mention today.  He has not appeared.  His application which involved his attempt to stop the sale of property mortgaged to the bank now seems to be futile because of affidavit material filed today which indicates that the property has been sold.  In the circumstances, the appeal should be struck out for want of prosecution with costs to be assessed.

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