Wakim v Kolotouros

The appeal concerned a dispute between Wakim and Kolotouros. The appellant, Wakim, sought to appeal a decision, but the respondent, Kolotouros, had filed notices of motion seeking dismissal of the appeal for want of due despatch and for non-compliance with court directions. The appeal was before the Court of Appeal of New South Wales.

The primary legal issue before the court was whether the appeal should be dismissed due to the appellant's lack of progress and failure to comply with court directions, particularly given that no opportunity for recommencement had been provided and minimal progress had been made. The court also had to consider the question of costs associated with the respondent's notices of motion.

Simpson JA, in her reasoning, noted that there had been minimal progress in the appeal and that the appellant had not complied with court directions. However, rather than dismissing the appeal outright, the court provided a specific timeframe for the appellant to rectify the situation. The court directed that the red appeal book, any necessary affidavit pursuant to rule 51.22 of the Uniform Civil Procedure Rules 2005 (NSW), and evidence relating to costs be filed and served by Tuesday, 3 April 2018. The notices of motion were stood over to the registrar’s list on the same date, and the question of costs in respect of these motions was reserved.