Jorgensen v Slater & Gordon Pty Ltd

[2009] VSCA 39

Victorian Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Appeals
3. › Deemed abandonment of appeal
4. › Failure to deliver appeal books within time
5. › Application that appeal not be taken to be abandoned
6. › Nature of discretion under r 64.16(2)
7. › Whether appeal utterly devoid of merit
8. › Repeated disobedience of court orders
9. › Prejudice to respondent
10. › Whether indulgence should be granted
11. › Supreme Court (General Civil Procedure) Rules, r 64.16(2)
1. Practice and Procedure
2. › Appeals
3. › Compliance with procedural orders
4. › Self-represented litigants
5. › Repeated non-compliance
6. › Whether conduct blameworthy
7. › Whether interests of justice require even-handed treatment

Quick Take

The discretion under r 64.16(2) to relieve against deemed abandonment of an appeal is broad and unfettered, but the fact that an appeal is not utterly devoid of merit does not compel the making of such an order. Persistent and blameworthy disobedience of court orders, prejudice to the respondent, and the need for even-handed justice may overwhelm considerations favouring the appellant, including that the appeal has arguable merit and security for costs has been given.