Mcallister v National Australia Bank Ltd

Case

[2003] QCA 334

1/08/2003

No judgment structure available for this case.

[2003] QCA 334

COURT OF APPEAL

McMURDO P

Appeal No 3955 of 2003

NATIONAL AUSTRALIA BANK LTD Respondent/Plaintiff
and
ERNEST WILLIAM MCALLISTER Appellant/First
Defendant
and
ELLORA CAROLINE JUDITH MCALLISTER Appellant/Second
Defendant
BRISBANE
..DATE 01/08/2003
ORDER

01082003 T01/SAA1 M/T COA150/2003 (McMurdo P)

THE PRESIDENT: This mention has been necessitated because of 1

the slowness in Mr McAllister progressing this application. in progressing this application, they are not fully satisfactory and he must accept responsibility for that delay.

10

He has indicated he wishes to progress the application and has at least some prospect of legal representation. In the circumstances, the following orders are appropriate:

1.    The applicant is to file and serve the affidavit in

20

support of his application and the paginated bundle of
material within seven days.

2.    The applicant is to file and serve the applicant's outline of argument within 21 days.

30

3.    The respondent is to file and serve their outline of argument within 14 days of receipt of the applicant's outline of argument.

40

4.    Failure to comply with any of these orders on the part of the applicant is to result in the application being struck out with costs to be assessed without further order.

50

5.    The applicant is to pay the costs of today's mention in any event.

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ORDER

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