Borg & Ors v Northern Rivers Finance P/L & Ors [2003] QCA 583

[2003] QCA 583 COURT OF APPEAL McMURDO P Appeal No 5036 of 2003 ANDREW JAMES BORG & ORS v NORTHERN RIVERS FINANCE PTY LTD & ORS ANDREW JAMES BORG First Respondent/First Plaintiff JASON MARK BRYNE Second Respondent/Second Plaintiff ROBERT STUART CHRISTENSEN Not party to appeal/Third Plaintiff GLEN ANGELLO COPPO Third Respondent/Fourth Plaintiff LAURENCE ROY DIXON Not party to appeal/Fifth Plaintiff IAN ANTHONY GLAZEBROOK Not party to appeal/Sixth Plaintiff MICHAEL CHARLES GOTTKE Fourth Respondent/Plaintiff BRIAN KENNETH HINCHEY Not party to appeal/Plaintiff ROBERT MICHAEL McCLOY Not party to appeal/Plaintiff NANCY MARY MONTGOMERY Fifth Respondent/Plaintiff HENRY ALEXANDER MONTGOMERTY Not party to appeal/Plaintiff GORDON EDWARD PARISH Sixth Respondent/Plaintiff GORDON JOHN REID Respondent/Plaintiff JAMES MICHAEL ROACH Respondent/Plaintiff GLEN ALAN SCOTT Not party to appeal/Plaintiff GASPAR SICH Respondent/Plaintiff NEIL GREGORY CAMERON Respondent/Plaintiff COLIN SCOTT PURDIE Not party to appeal/Plaintiff GEOFFREY DAVID RAPSON Respondent/Plaintiff DREW KINGSLEY WOODMAN Not party to appeal/Plaintiff 1 -- 1 of 4 -- 1 2 10 20 30 40 50 NIKO JOZINOVIC Respondent/Plaintiff NORTHERN RIVERS FINANCE PTY LTD Not party to appeal/Defendant INVESTMENT LICENCING Not party to appeal/Second Defendant PTY LTD NORTHERN RIVERS PLANTATION Not party to appeal/Third Defendant MANAGEMENT LTD D PAWSKI & R M NUMIS T/A First Appellant/Fourth Defendant SECURINVEST ACCOUNT SER DREW GRAHAM FRANCIS Not party to appeal/Fifth Defendant BASE METALS EXPLORATION NL Not party to appeal/Sixth Defendant EXPLORERS AND PROSPECTORS Not party to appeal/Defendant FINANCE LIMITED DARREN CHARLES HORNER Second Appellant/Defendant JOHN MEARES Not party to appeal/Defendant BANALASTA OIL PLANTATION LTD Not party to appeal/Defendant SAFEINVEST PTY LTD Not party to appeal/Defendant KAREN EVANS Not party to appeal/Defendant PLANTATION EQUITY PTY LTD Not party to appeal/Defendant BRISBANE ..DATE 19/12/2003 ORDER 60 -- 2 of 4 -- 1 10 20 30 40 50 THE PRESIDENT: This appeal was filed on the 6th of June 2003 against what purported to have been an order of Justice Mackenzie of the 9th of May 2003. In fact, what was published on that day was reasons concerning liability and they were the reasons for a proposed order which has not yet been published. At first the matter was placed on abeyance but the Registry then became aware that the appeal purported to be from something which was not, in fact, an order of the Court. The matter was then raised with the parties. The solicitors for the appellants, Porski and Noonas, were given leave to withdraw on the 28th of November 2003 and from that time that they provided an address for service for the Registry to which notice of this mention was sent detailing exactly what it was about. The second appellant was also sent notice at his address for service supplied to the Registry. They have not appeared today although Mr Crawford, on behalf of QBE Management Services, the insurers of the first appellants, did appear. The position is that the appeal appears to be incompetent because it is an appeal from an order that has not yet been made. Mr O'Connell, who appears for the respondent, confirms this. In any case, the appeal has not been progressed as it should and the dilatoriness of the appellants in keeping contact with the Registry and not appearing themselves today, confirms to me that the appropriate order to make is that this appeal should be struck out for want of prosecution and that 3 60 -- 3 of 4 -- 1 10 20 30 40 50 the appellants should pay the respondent's costs to be assessed. Those are the orders I make. ----- 4 60 -- 4 of 4 --