Patten v New Holland Credit Australia Pty Ltd

NEW SOUTH WALES DISTRICT REGISTRY NSD 1594 OF 2006

REASONS FOR JUDGMENT 1 In this matter, there has been no appearance by the appellant on the Notice of Motion filed on 11 September 2006 by the respondent seeking an order striking out the Notice of Appeal filed on 22 August 2006. Having regard to the records, I am satisfied that the appellant was aware that the matter had been fixed for hearing this morning. I am also satisfied, having considered the Notice of Appeal, that it does not disclose any basis which has any reasonable prospect of success. 2 I note that the respondent does not seek at this stage to have the proceedings dismissed. Rather, the respondent requests that the Notice of Appeal in its present form be struck out. In the circumstances, I am satisfied that the Notice of Appeal does not disclose any arguable basis for granting the appeal. Accordingly I strike out the Notice of Appeal. However, as indicated, I do not take the further step - and it is not sought by the respondent at this stage - of dismissing the proceedings on the basis that no reasonable cause of action can be shown. 3 Accordingly, I order that the Notice of Appeal filed on 22 August 2006 be struck out and I order that the costs of this application be paid by the appellant. However, these orders are not to come into force until seven days pending approval by the Chief Justice of the hearing of this matter by a single Judge, should that approval be necessary. I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Tamberlin.

Counsel for the Respondent: Mr A. Spencer

Solicitor for the Respondent: Bayside Solicitors

Date of Hearing: 24 November 2006

Date of Judgment: 11 December 2006