Byrnes v ETB Qld Pty Ltd t/a ETB Phones [2009] QDC 15

1-1 [2009] QDC 15 DISTRICT COURT APPELLATE JURISDICTION JUDGE KOPPENOL Appeal No 10 of 2008 KAY BYRNES Appellant and ETB QLD PTY LTD TRADING AS ETB PHONES (ACN 103 777 288) Respondent IPSWICH ..DATE 23/01/2009 ORDER -- 1 of 2 -- 1-2 ORDER 1 10 20 30 40 50 60 HIS HONOUR: I've read the affidavit of Mr Howard and in all of the circumstances I think that this is an appropriate case where the appeal should be dismissed for want of prosecution and I so order: 1) Appeal dismissed. ... 2) Appellant to pay the respondent's costs of and incidental to this appeal on an indemnity basis either as agreed between the parties or as assessed. ----- -- 2 of 2 --