Schokman v Hogg

[2002] QCA 317

[2002] QCA 317

COURT OF APPEAL

McMURDO P

Appeal No 4111 of 2002

VINCE SCHOKMAN and
CAROL SCHOKMAN  Appellants

and

EARLE RAYMOND HOGG  Respondent

BRISBANE

..DATE 23/08/2002

ORDER

THE PRESIDENT:  This appeal was filed on the 8th of May 2002.  The settled index and the record book are now overdue.  The appellants have requested that the appeal be placed in abeyance pending a determination as to whether the arbitration about which this appeal is connected is to proceed. 

The respondent argues that the appeal should be struck out.  Although the appellant has not proceeded diligently in progressing the appeal, the appeal is not yet stale.  As I have said to the appellant's legal representative a decision must be made within the next few weeks as to whether the appeal is to be progressed or whether it is to be abandoned. 

In the circumstances I am prepared to adjourn the matter.  I order that the matter is adjourned for further mention in about four weeks time, the date and time to be advised by the registry.  The costs of today's hearing are reserved.

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