Supreme Court judge.

Mid Ocean Club wanted to stop property firm Fiddlewood Castle Ltd. building a four-bedroom house near its Tucker's Town course.

It launched an appeal when permission for the house was granted by Government.

The appeal was against Mr. Delmont Talbot, shareholder and agent for Fiddlewood, and the Environment Ministry.

The club had argued it had rights over land on which the proposed house was earmarked.

But yesterday Puisne Judge the Hon. Mr. Justice Ground struck out the appeal when the Mid Ocean Club's lawyer did not appear in court.

He directed costs for Mr. Talbot and the Ministry should be "taxed appropriately''.

Crown Counsel Mr. Philip Holder, for Government, said he was disappointed the case could not go ahead.

Mr. Talbot was represented by lawyer Mr. Kieron Unwin.

Afterwards, lawyer Mr. Mark Diel, for the Mid Ocean, said he was not notified the case had been listed for yesterday.

"It was most unfortunate,'' he said, adding he would apply to have Mr.

Justice Ground's order quashed.