Stubberfield & Stubberfield v Paradise Grove P/L

[2000] QCA 526

[2000] QCA 526

COURT OF APPEAL

McMURDO P

No 2071 of 2000

JOHN RICHARD STUBBERFIELD AND
MRS STUBBERFIELD                  Appellants (Defendants)

and

PARADISE GROVE PTY LTD
(ACN 053 003 302)                  Respondent (Plaintiff)

BRISBANE

..DATE 22/12/2000

JUDGMENT

HER HONOUR:  This matter has quite a long history.  The notice of appeal was originally filed in early March this year.  The appellant has still not filed a record book and the matter is currently listed for hearing on 13 February 2001.

The appellant has requested that his appeal be placed in abeyance pending his petition to Parliament for an independent inquiry as to the subject matter of the appeal.  This Court is of course not prepared to accede to the appellant's request and the appeal must be progressed.

It is an appeal in respect of interlocutory orders and as such should be given some priority.  There has been a dispute as to the contents of the record book.  I have explained to the appellant that the record book must relate only to matters relied upon by him that were before the primary Judge and that any extraneous material should be prepared in a form that can be placed before the Appeal Court who can then consider whether it is relevant.

The appellant in effect asks for an extension of time within which to file his appeal record book and has also asked for an adjournment of the trial from its listing in February of about five weeks because he is self-represented and needs to file a defence in a pending Magistrates Court action and also has to meet overdue requirements to the Tax Office.

The respondent does not oppose the appellant's application for an extension of time within which to file the appeal record book until the end of January or for an appeal hearing in March but is keen nevertheless to progress the matter.  This mention of course would not have been necessary but for the failure of the appellant to meet his timetable and for those reasons he should pay the respondent's costs of and incidental to this hearing. 

I direct the appellant file and serve the appeal record book in the form directed by the Deputy Registrar by 31 January 2001.  The appeal is adjourned to a date to be fixed by the Deputy Registrar for hearing in March.  The appellant is to pay the respondent's costs of and incidental to this application to be assessed.

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