Matheson v Quin Developments Pty Ltd

[2002] QCA 198

[2002] QCA 198

COURT OF APPEAL

McMURDO P

Appeal No 11430 of 2001

FREDERICK JAMES MATHESON            Appellant (Plaintiff)

and

QUIN DEVELOPMENTS PTY LTD          Respondent (Defendant)

BRISBANE

..DATE 06/06/2002

ORDER

1

06062002 T2/JAP22 M/T COA 130/2002

THE PRESIDENT:  Mr Neil has made an oral application this

morning, without any filed material, to have this matter

struck out for want of prosecution.  I am not satisfied that

should be done at this point.

I direct that the appellant deliver to the respondent his

draft index within five working days and that the settled

index be lodged within 10 working days.  Any reply by the

appellant to the respondent's outline of argument is to be

filed and served by 15 July.

If those directions are not complied with the appellant is

to show cause why the matter should not be struck out for

want of prosecution.  

...

THE PRESIDENT:  In the circumstances, the necessity for

mentioning this matter was purely the fault of Mr Matheson.

It is only fair that he should pay the costs of and

incidental to today's hearing and I so order.

‑‑‑‑

2  ORDER