ADI Limited v NQEA Australia Pty Ltd [1999] QCA 370

1 99.370 COURT OF APPEAL McMURDO P Appeal No 3852 of 1999A ADI LIMITED Appellant (Respondent) and NQEA AUSTRALIA PTY LTD Respondent (Applicant) BRISBANE ..DATE 06/09/99 JUDGMENT -- 1 of 3 -- 060999 D.1 T9/PB6 M/T COA218/99 2 JUDGMENT THE PRESIDENT: The appellant gave instructions to its solicitors to lodge this appeal within time albeit on the last day for the filing of the appeal, 27 April 1999. The appeal was filed within time and served on the respondent by facsimile within time. The appeal is from a decision given in the Cairns Supreme Court and the rules required that a copy must also therefore be forwarded to the Registrar of the Supreme Court at Cairns within the time for filing the appeal. Through oversight this was not done. Both the parties have been progressing the appeal in a timely fashion. The respondent, who has chosen not to appear this afternoon, does not oppose the order sought with an appropriate costs order but requested that a letter from the respondent's solicitors be tendered in these proceedings. It is Exhibit 1. In that letter the respondent says it is not to be taken as conceding that no third party could have suffered prejudice as a consequence of the failure to institute the appeal at the appropriate time and it has listed a number of matters. Those matters do not lead me to conclude that prejudice has been suffered in this case. -- 2 of 3 -- 060999 D.1 T9/PB6 M/T COA218/99 3 JUDGMENT Bearing in mind the respondent's decision not to appear today, its attitude to this application and the fact that there is no suggestion that the appeal is not an arguable one, the order sought by the applicant is in my view just. I order that the time for filing the notice of appeal in this case be enlarged until 30 July 1999. I order that the applicant pay the respondent's costs of and incidental to this application. ----- -- 3 of 3 --