Kendell v Kendell

[2005] QCA 285

[2005] QCA 285

COURT OF APPEAL

McMURDO P

Appeal No 3004 of 2005

DAVID WARD KENDELL (as trustee of
the WGK TRUST)  (Appellant/Applicant)

and

JENI KENDELL  (First Respondent/
  Second Respondent)

and

PENNY NELSON  (Second Respondent/
  Third Respondent)

and

SUE DONE  (Third Respondent/
  Respondent)

and

PAUL DESMOND SWEENEY (Liquidator)     (Not party to appeal/
  First Respondent)

and

TERRY GRANT van der VELDE (Liquidator) (Not party to appeal/
  First Respondent)

and

KARDIL PTY LTD  (Not party to appeal/
  Respondent)

and

SUELL PTY LTD  (Not party to appeal/
  Respondent)

and

GEOFFREY HOWARD ROUTLEY               (Not party to appeal/
  Respondent)

BRISBANE

..DATE 12/08/2005

ORDER

THE PRESIDENT:  I am inclined to make an order, seeing as nobody has even appeared for the appellant today and they have not complied with the directions of the Registry to date, that the record book is to be filed and served by 4 p.m. on the 25th of August.  If it is not filed by that time the appeal will be struck out with costs for want of prosecution without further order.

...

THE PRESIDENT:  In respect of all subsequent time limits, the parties are to follow strictly the directions given by the Deputy Registrar (Appeals) and the appellant is to pay the costs of the respondents' appearance of and incidental to the appearance today to be assessed.

Those are the orders I make in this matter.

I also expect a written explanation from the appellant's solicitors as to why they showed such discourtesy to the Court today and did not appear.

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