Ambassador Hospitality Group Pty Ltd, de Groot & de Groot v J M Kelly (Project Builders) Pty Ltd [1991] QSCFC 149

TRANSCRIPT OF PROCEEDINGS >££££] 4F State Reporting Bureau, 4th Floor, The Law Courts, George Street, BRISBANE. O. 4000 Tel. (07) 227.4360 (Copyright in this transcript is vested in the Crown. Copies thereof must not be made or sold without the written authority of the Director, State Reporting Bureau.) 3 10CT 1991 SUPREME COURT OF QUEENSLAND FULL COURT THOMAS J DERRINGTON J MOYNIHAN J Appeal No 97 of 1990- THE AMBASSADOR HOSPITALITY GROUP PTY LIMITED (First Defendant) First Appellant and CORNELIUS ANTONIOS de GROOT and MARIE JULIE de GROOT (Second Defendants) Second Appellant and J M KELLY (PROJECT BUILDERS) PTY LTD (Plaintiff) x Respondent BRISBANE ..DATE 16/10/91 3.50 P.M. JUDGMENT [1991] QSCFC 149 -- 1 of 2 -- <, 1 10 20 30 40 50 60 161091 D.l JUDGMENT MR JUSTICE THOMAS: This concerns an appeal from an interlocutory proceeding. More than 12 months have elapsed since the notice of appeal was filed and entered. The solicitors for the appellant sought instructions over an extended period in relation to the conduct of the appeal but were unable to obtain any from the appellant. In short, haying been given the opportunity to pursue the matter no interest in prosecuting the appeal has been revealed. v 2C In these circumstances it is appropriate that the appeal be dismissed. I would order that the appeal be dismissed and that the appellant pay the respondent's costs of the appeal, including costs of the motion to dismiss, and including reserved costs to be taxed. 30 MR JUSTICE DERRINGTON: I agree MR JUSTICE MOYNIHAN: So do I. MR JUSTICE THOMAS: Order accordingly. 50 G 214- “ V - v • oid. 2 60 -- 2 of 2 --