McKinnon v Commisioner of Police

[2007] QDC 293

[2007] QDC 293

DISTRICT COURT
CIVIL JURISDICTION

JUDGE McGILL SC

No D4097 of 2004

JEFFREY DAVID MCKINNON	Appellant
and
COMMISSIONER OF POLICE	Respondent
BRISBANE ..DATE 10/08/2007
ORDER

10082007 T(1)14/KLN(BNE) M/T BRIS3/9 (McGill DCJ)

HIS HONOUR: It appears that there is an application now to	1
strike out the appeal for want of prosecution under Section 229 which has been sent to the appellant's notice of address for service and also to the last known address of the appellant at least 10 days before the date for hearing of the

10

application.

The appellant has not appeared in response to the application
and the notice of appeal was filed on the 15th of November

2004 but it does not appear that the appellant has done

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anything since then to bring the appeal on for hearing, so I
am satisfied that there has been a failure on the part of the
appellant to take steps to prosecute the appeal and there has
been a delay in prosecuting the appeal and it is appropriate

therefore that the appeal be struck out under Section 229.

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2 ORDER 60