Court adjourns bankruptcy appeal due to lack of counsel readiness and refusal to conduct legal research.
Cipro (CY)
Sintesi Legislator
Generato dall'IAThe Supreme Court of Cyprus adjourned the bankruptcy appeal between Helen Telidou and the Official Receiver until the appellant's counsel could fully argue the case. Both parties failed to provide sufficient legal arguments or case law references, prompting the court to decline conducting its own research. Consequently, the case was removed from the list for a future hearing once the appellant was prepared.
Regesto Legislator
Generato dall'IACivil Procedure Act; Civil Procedure Rules: An appellate court will not conduct legal research for the parties and must adjourn proceedings if counsel is not ready to fully argue the case and cite governing authority.
Parole chiave
Generato dall'IADecisioni correlate
Generato dall'IATesto completo
[*938] 1971 May 21
(TRIANTAFYLLIDES, P., STAVRINIDES, L. LOIZOU, JJ.) APPELLATE JURISDICTION In Bankruptcy:
Helen Telidou (nee Antoniades),
Appellant,
v.
The Official Receiver & Registrar,
Respondent.
(Civil Appeal No.4955).
Practice - Appeal - Adjournment - Until counsel for appellant is ready to argue case fully and assist the Court sufficiently by referring to the case-law governing the matter - Court not to be expected to do research for the parties.
Appeal - Adjournment - See under "Practice".
G. Platritis, for the Appellant.
The Official Receiver, Mr. Th. Constantinides, in person.
RULING
The following ruling was delivered by:-
TRIANTAFYLLIDES, P.: In this case, having heard both sides, we retired to consider whether we could give our
decision now or we would reserve it for further consideration. While examining, during a short break, the law regarding the powers of an Appellate Court to interfere with an order of the nature appealed from, we have found that there is quite sufficient authority in the form of case-law, other than the Irish case cited by the Official Receiver (the report of which is not available), as to how [*939] such powers are to be exercised; we regret that we have to observe that neither of the two sides has come here fully ready to assist this Court in this respect, and this Court is certainly not prepared to do legal research for the parties. We can only consider a case, for the purpose of deciding it, after the parties have placed all necessary material before us by way of legal and other arguments.
In the circumstances, we have decided to adjourn this case for further argument until counsel for appellant is ready to argue this case fully and assist the Court sufficiently by referring to the case-law governing such a matter. We hope that by then the Official Receiver will be equally ready. The case is taken off the list and is to be fixed before this bench for further hearing on an application of counsel for appellant.
Order accordingly.