Farnan & Anor v Acock [1999] QCA 144

99.144 COURT OF APPEAL McMURDO P PINCUS JA ATKINSON J Appeal No 8455 of 1998 PATRICK FRANCIS FARNAN First Applicant (Appellant) and PAULA JANE FARNAN Second Applicant (Appellant) and ROBERT THOMAS ACOCK (LIQUIDATOR) Respondent (Unknown or n/a) BRISBANE ..DATE 23/04/99 JUDGMENT -- 1 of 4 -- 2 JUDGMENT THE PRESIDENT: These matters are applications for stays of execution. They were never correctly instituted by the filing of a notice of appeal. On 1 December 1998 the Court of Appeal constituted by the Chief Justice, Justice of Appeal Thomas and me ordered that these applications for stay be adjourned to a date to be fixed and not be re- listed until such time as the Registrar was satisfied that the appeal was in a form which could satisfactorily proceed; namely, that a notice of appeal was filed. As of today, 23 April 1999, no notice of appeal has been filed in these matters. The Registry has had no contact with the Farnans. Correspondence from this Registry addressed to the Farnans has been returned to sender. The respondent, who is the liquidator of a company with which the Farnans are associated, has also lost contact with the Farnans and the Farnans' telephone numbers have been disconnected. On 20 October 1998 the respondent's lawyers told the Senior Deputy Registrar (Appeals) that the respondent did not intend to appear in relation to any of the matters filed by the Farnans. The lawyers confirmed this on 25 November 1998. On 22 April 1999 the respondent's solicitors were told by the Senior Deputy Registrar (Appeals) that the -- 2 of 4 -- 3 JUDGMENT Court may strike out the remaining matters in this case. The respondent's solicitors indicated that there would be no appearance from the respondent. There was no objection by them to the striking out of the matters and there were no issues arising as to costs. In the circumstances of this case the lack of diligence by the Farnans in prosecuting their applications and/or appeals and their failing to keep the Registry informed of a current address for service justifies the striking out of these matters. I would order that the notice of motion filed 14 September 1998 and the purportedly amended unfiled notice of motion of 13 October 1998 in relation to the order of the Honourable Justice Wilson on 4 September 1998 and the matter of the purported appeal against the order of the Honourable Justice Williams of 8 October 1998 be struck out. PINCUS JA: I agree. ATKINSON J: I agree. THE PRESIDENT: I order accordingly and add that there is no order as to costs. -- 3 of 4 -- 4 JUDGMENT ----- -- 4 of 4 --