Laghaifar v Nooravi

[2003] QCA 61

[2003] QCA 61

COURT OF APPEAL

McMURDO P

Appeal No 9910 of 2002

SOHAIL LAGHAIFAR  Appellant/First Plaintiff
and
FARZAD NOORAVI and HOMA NOORAVI           Respondent/Defendant

Appeal No 9909 of 2002

SOHAIL LAGHAIFAR  Appellant/First Plaintiff
and

IAN DAVID JESSUP AS LIQUIDATOR OF
A RUNOUT MORTGAGE BUSINESS RUN BY
MORTGAGES NORTH PTY LTD                  Respondent/Defendant

BRISBANE

..DATE 21/02/2003

ORDER
THE PRESIDENT:  Both these appeals were filed on the 29th October 2002.  The appellant has been dilatory in progressing the appeal.  The undertaking about the record books were due on the 5th of November, but were not filed until the 8th of November.

The appellant's outline was due on the 19th of November and it was not filed until the 25th of November, or it was not filed, rather even by the 25th of November.  An extension was granted until the 16th of December and it was filed the next day.  The settled index was due on the 7th of January 2003, and that is really the significant matter here.  It has still not been received, despite two letters from the registry.  And so, both the settled index and the record book are overdue.

...

THE PRESIDENT:  I order the settled index be filed and served within seven days, and that the record book be prepared and filed within 14 days of the filing of the settled index.  In the event of non-compliance with this order, the matter is to be listed before me at a date to be fixed by the Registrar to show cause why the matter should not be struck out, for want of prosecution.

I order the appellant pay the respondent's costs of and incidental to this mention.  That is the order in respect of both appeals in respect of Mr Laghaifar.

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