Joseph v Joseph [No 2]
[2007] WASCA 232
•26 OCTOBER 2007
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
TITLE OF COURT : THE COURT OF APPEAL (WA)
CITATION: JOSEPH -v- JOSEPH [No 2] [2007] WASCA 232
CORAM: PULLIN JA
BUSS JA
HEARD: 26 OCTOBER 2007
DELIVERED : 26 OCTOBER 2007
FILE NO/S: CACV 119 of 2006
BETWEEN: ANGELEENA JACOB JOSEPH
Appellant
AND
JUSTIN BERNARD JACOB JOSEPH
Respondent
ON APPEAL FROM:
Jurisdiction : DISTRICT COURT OF WESTERN AUSTRALIA
Coram :CRISFORD DCJ
Citation :JOSEPH -v- JOSEPH [2006] WADC 121
File No :CIV 649 of 2005
Catchwords:
Appeal - Failure by appellant to provide security for costs of the appeal - Appeal dismissed
Legislation:
Nil
Result:
Appeal dismissed
Category: B
Representation:
Counsel:
Appellant: No appearance
Respondent: Mr B C Sierakowski
Solicitors:
Appellant: In person
Respondent: Brian C Sierakowski
Case(s) referred to in judgment(s):
Nil
PULLIN JA: I agree with the reasons of Buss JA.
BUSS JA: This appeal comes before the Court today pursuant to a Registrar's notice to attend, dated 3 October 2007. The Registrar issued the notice to attend on the ground that the appellant has failed to provide security for the respondent's costs of the appeal, in accordance with an order I made on 19 January 2007. That order stipulated, relevantly, that within 21 days after the date of the order the appellant was to pay into court $7,000 as security for the respondent's costs of the appeal.
The appellant has not complied with the order made on 17 January 2007. She has failed to attend today, either in person or by counsel, and no explanation has been given by or on behalf of the appellant for the failure to comply with the order. In these circumstances, and also on the basis of the facts and other circumstances which required that the order for security be made, it is appropriate that the appeal be dismissed. I would therefore order that the appeal be dismissed and the appellant pay the respondent's costs of the appeal, including any reserved costs, to be taxed.
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