Marsters & Radcliffe

The appeal before the court involved Mr Marsters, the appellant, and Ms Radcliffe, the respondent. The appeal arose from a decision made by the Family Court, and Mr Marsters sought several orders, including an amended notice of appeal, dispensation from filing a transcript, and permission to adduce further evidence. The court was required to decide whether the appellant had sufficient assets to warrant the ordering of a transcript, and if the transcript was necessary for his case. The court also needed to consider whether the requirement for a transcript should be dispensed with and if the application to adduce further evidence should be adjourned until the hearing of the appeal.

The court considered the appellant's financial situation and determined that he had sufficient assets to cover the cost of the transcript. However, the court found that the appellant did not demonstrate that the transcript was necessary for his case. The court also found that the appellant had not shown that he was unable to obtain a transcript from legal aid or other sources. The court concluded that the requirement for a transcript should be dispensed with, and orders 2 and 3 of the orders made on 4 August 2023 and order 2 of the orders made on 7 November 2023 should be discharged. The court also found that the application to adduce further evidence should be adjourned to the hearing of the appeal.

The court ordered that the appellant file and serve an Amended Notice of Appeal by 25 January 2024. The court also ordered that the requirement of r 13.28(1)(j) that the appellant file and serve a transcript be dispensed with and orders 2 and 3 of the orders made on 4 August 2023 and order 2 of the orders made on 7 November 2023 be discharged. The court extended the time for compliance with order 4 of the orders made on 7 November 2023 to provide that the appellant file his Summary of Argument and List of Authorities by 2 February 2024. The court also extended the time for compliance with order 5 of the orders made on 7 November 2023 to provide that the respondent file any Summary of Argument and list of Authorities by 1 March 2024. The court adjourned the Application in an Appeal filed on 22 November 2023, to the extent it seeks leave to adduce further evidence on the appeal, to the hearing of the appeal. The question of costs relating to this application was reserved to be dealt with at the conclusion of the appeal.