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CACV000130/1986
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IN THE COURT OF APPEAL
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1986, No. 130
(Civil)
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BETWEEN
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IA MOUETTE LIMITED |
Plaintiff (Respondent)
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and
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DYNASTY ONE (a firm) |
1st Defendant (Appellant)
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ROBERT SOKOLOFF |
2nd Defendant
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MAXINE SOKOLOFF |
3rd Defendant
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__________
Coram: Sir Alan Huggins, V.-P.,
Date of judgment: 29th October 1986
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RULING
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Sir Alan Huggins, V.-P.:
1. The procedure for listing appeals is set out in the Practice Direction dated 10th January 1986, and this procedure should be observed strictly. Applications to the Clerk of the Court for that purpose are made informally, but, once a date has been fixed, any application to fix a new date, or simply to vacate the date fixed, should be by motion in accordance with 0.59 r.14(1) and should be supported by an affidavit. Where all parties consent to the order sought, the motion paper may be endorsed with the consent and a hearing may possibly be avoided, but it will not necessarily follow that the court will agree to make the order. Great inconvenience is caused by the frequency of applications to vacate dates already fixed, especially when they are made at a time when it is too late to fix other cases for the dates vacated.
2. In the present case, if it was desired to have the same counsel for the appeal as appeared at the trial, care should have been taken to notify to the Clerk of the Court the dates when counsel would be available. I am not satisfied that other counsel cannot be adequately instructed before 11th November 1986.
3. The application to fix new dates is refused.
29th October 1986
Representation:
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