Peck v Peck

The appeal concerned a dispute over the transfer of Torrens title property from the second respondent to the appellant and her husband. The second respondent claimed to be unaware of the transfer and had not signed any relevant documents. The Trial Judge had found that the transfer was effected by the fraud of the appellant and was therefore void.

The legal issues before the appellate court were whether the appeal should be adjourned to allow the appellant, who was absent from the hearing due to deportation, to make submissions, and whether the appeal should be dismissed due to the appellant's failure to appear, incomplete grounds of appeal, and non-compliance with court rules. The court also considered whether to summarily dismiss the appeal.

The court held that there was sufficient evidence at trial to support the Trial Judge's findings, which were not challenged by the appellant. Given the lack of merit in the appeal and the appellant's absence, the court found it unnecessary to rely on specific rules regarding dismissal for procedural irregularities or failure to appear, although grounds for such dismissal were established. The application for an adjournment was refused, and the appeal was dismissed.