Graham Searston (Collector of Taxes) (Plaintiff) Respondent) v Captain D.M.K. Marendaz Appellant)
| Jurisdiction | England & Wales |
| Judge | THE MASTER OF THE ROLLS |
| Judgment Date | 30 January 1984 |
| Judgment citation (vLex) | [1984] EWCA Civ J0130-5 |
| Court | Court of Appeal (Civil Division) |
| Docket Number | 84/0631 |
| Date | 30 January 1984 |
[1984] EWCA Civ J0130-5
IN THE SUPREME COURT OF JUDICATURE
COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM LINCOLN COUNTY COURT
(HIS HONOUR JUDGE E.F. JOWITT)
Royal Courts of Justice.
The Master of the Rolls
(Sir John Donaldson)
and
Lord Justice Browne-Wilkinson
84/0631
THE APPELLANT was neither present nor represented.
THE RESPONDENT was neither present nor represented.
This is an appeal by the defendant against a judgment of His Honour Judge Jowitt given in Lincoln County Court on the 8th April, 1983. The learned judge gave judgment for the Collector of Taxes in the sum of £3,235.09 plus £33 costs.
The defendant appealed and the appeal was set down on the 10th May, 1983. The appeal was added to the list of forthcoming appeals on the 23rd May, 1983. No documents have yet been lodged.
The defendant has twice written to the Registrar seeking an adjournment of the matter for nine to ten months, and on each occasion the Registrar refused that request. On the 10th June, 1983 the defendant was given notice that, if the documents were not lodged by the 15th July, the appeal would be listed for dismissal on the 18th July. The defendant wrote in saying that he was having difficulty obtaining the county court judge's notes. Enquiries of the county court office made on the 14th July, 1983 revealed that the judge's notes had been prepared and would be despatched to the defendant within a few days. The Registrar extended time for lodging the bundles of documents until the 23rd September, 1983. There was then further correspondence from the defendant, who maintained that it was essential to his case that he should be supplied with the notes of an earlier hearing in the same proceedings which took place before His Honour Judge Geoffrey Jones at Lincoln County Court on the 4th January, 1983. Those notes had been requested, but His Honour Judge Geoffrey Jones had refused to supply them. Having looked into the matter, the Registrar concluded that those notes were not relevant to the appeal and wrote to the defendant to that effect. The hearing before His Honour Judge Geoffrey Jones on the 4th...
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