Pico Holdings Inc v Wave Vistas Pty Ltd

[2006] QCA 510

[2006] QCA 510

COURT OF APPEAL

McMURDO P

Appeal No 3589 of 2002

PICO HOLDINGS INC	Appellant/Applicant
and
WAVE VISTAS PTY LTD	First Respondent/First
(FORMERLY TURF CLUB AUSTRALIA PTY	Respondent
LTD) (ACN 088 729 819)
and

NATIONAL BANK LIMITED Second Respondent/

Second Respondent

BRISBANE

..DATE 01/12/2006

ORDER
MR M R BLAND (instructed by Gilbert & Tobin) for the appellant
MS R E KENNEDY (of Mallesons Stephen Jaques) for the first respondent

MR B T PORTER (instructed by Thynne & Macartney) for the second respondent

THE PRESIDENT: For the reasons that have clearly emerged in the discussion between me and counsel during this hearing, the appellant's tardiness in progressing this matter is now bordering on the inexcusable.

In those circumstances it is my view that the appropriate order is that the appellant file and serve its outline of argument by 4 p.m. on Friday 19 January 2007 and that the parties then comply with the directions of the Deputy Registrar (Appeals) to prepare the appeal for hearing.

If the appellant does not comply with that order, the appeal is to be struck out with costs without further order.

...

THE PRESIDENT: The reason for this mention has clearly been occasioned by the tardiness of the appellant but the parties do seem to be in negotiation with a view to settling the appeal. In those circumstances the appropriate order is that the appellant pay the respondents' costs of and incidental to today's hearing but I order that those costs be paid at the determination of the appeal, that is they are costs in any event.

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2   ORDER