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- Law Partners Mortgages Pty Ltd (in Liq) v Jeremy[2008] QCA 10
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Law Partners Mortgages Pty Ltd (in Liq) v Jeremy[2008] QCA 10
Law Partners Mortgages Pty Ltd (in Liq) v Jeremy[2008] QCA 10
SUPREME COURT OF QUEENSLAND
PARTIES: | |
FILE NO/S: | SC No 1070 of 2003 |
Court of Appeal | |
PROCEEDING: | Application to Strike Out Application for Stay of Execution |
ORIGINATING COURT: | |
DELIVERED ON: | 8 February 2008 |
DELIVERED AT: | Brisbane |
HEARING DATE: | 30 January 2008 |
JUDGES: | de Jersey CJ, Keane and Holmes JJA Separate reasons for judgment of each member of the court, each concurring as to the orders made |
ORDER: | 1. Notice of appeal struck out; 2. Appeal dismissed; 3. Appellant to pay the costs of it and of these applications |
CATCHWORDS: | APPEAL AND NEW TRIAL- APPEAL- PRACTICE AND PROCEDURE- POWERS AND PROCEDURE- where application made to strike out Notice of Appeal- where no challenge to findings of fact- where no arguable grounds- where requiring respondent to answer appeal would be oppressive-whether notice of appeal should be struck out BANKRUPTCY- TRUSTEES- POSITION AND DUTIES GENERALLY- where property subject to equitable mortgage- where bankrupt claimed interest through family trust- whether property vested in trustee in bankruptcy- whether vested on discharge- whether respondent secured creditor MORTGAGES – MORTGAGES AND CHARGES GENERALLY – PARTICULAR MORTGAGES AND ENCUMBRANCES – EQUITABLE MORTGAGE – where mortgage documents invalidly executed- whether equitable mortgage CONSUMER CREDIT- whether Consumer Credit Code applicable- where no evidence as to loan’s purpose Bankruptcy Act 1966 (Cth), s 5(1), s 58(5) Consumer Credit Code (Qld), s 6(1), s 41(1) Leach v Leach [2007] QCA 118, cited von Risefer & Ors v State of Queensland [2005] QCA 136, cited |
COUNSEL: | The appellant appeared on his own behalf RM Derrington SC for the respondent |
SOLICITORS: | The appellant appeared on his own behalf McCullough Robertson for the respondent |