Ivory v Telstra Corp Ltd

[2001] QCA 437

[2001] QCA 437

COURT OF APPEAL

McMURDO P

Appeal No 4059 and 4423 of 2001

KENNETH CLYDE IVORY                   Appellant/Plaintiff

v.

TELSTRA CORPORATION LIMITED             First Respondent/
  First Defendant 

and

STEPHEN JOHN MEAD  Second Respondent/
  Second Defendant 

BRISBANE

..DATE 11/10/2001

ORDER

THE PRESIDENT:  I direct that in general civil appeals 4059 and 4423 of 2001 the appellant is to comply with the timetable for the preparation and filing of material given by the Deputy Registrar Appeals.

In default of compliance, the appeals are to be listed before the Court of Appeal on 7 November 2001 for the appellant to show cause why the appeals should not be struck out for want of prosecution.

At that time, any evidence the appellant replies upon to justify any non-compliance with the directions of the Deputy Registrar Appeals, is to be in affidavit form and any medical practitioners whose opinion he relies upon are to be made available for cross-examination either in person or by telephone link.

The application for security for costs is also adjourned till 7 November 2001 before the Court of Appeal.  The costs of today's hearing are reserved.  A transcript is requested of today's proceedings.

The Deputy Registrar Appeals has reminded me that because the security for costs application is now progressing, outlines will have to be filed in that application in the usual way by both parties.

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