Sturdy v. New Wave Cats Pty Ltd

[2007] QCA 431

COURT OF APPEAL

McMURDO P
JERRARD JA
DAUBNEY J

No 5991 of 2007

NATHAN STURDY               Respondent/Plaintiff

and

NEW WAVE CATS PTY LTD
(100 251 689)               First Appellant/First Defendant   

and

PAUL ANDREW BERGIN           Second Appellant/Third Defendant

BRISBANE

..DATE 23/11/2007

ORDER

THE PRESIDENT: 

1.  The appellant is to provide a draft index to the

Registry and the respondent by 4 p.m. on the 28th of

November 2007. 

2.   Respondent is to provide its draft index by

4 p.m. on the 30th of November 2007. 

3.The Registrar will give all necessary directions as to the preparation of the appeal record book to the parties. 

4.Any failure to comply with the Registrar's directions in terms of progressing this matter for hearing as listed on the 27th of February 2008 will result in the matter being listed for further directions.

5.The necessity for this matter to be listed today for directions was entirely because of the tardiness of the appellant in complying with the Registrar's direction to ready this matter for hearing.  In those circumstances, the appellant should pay the respondent's costs of and incidental to today's hearing for directions. 

6.The costs, if not agreed, are to be assessed by Hickey and Garrett, cost assessors.

Those are the orders of the Court.

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