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Bank of Queensland Ltd v Mulhern[2012] QCA 218

Bank of Queensland Ltd v Mulhern[2012] QCA 218

 

COURT OF APPEAL

 

GOTTERSON J

 

Appeal No 4289 of 2012

SC No 6655 of 2010

 

BANK OF QUEENSLAND LIMITED Applicant

ACN 009 656 740

v

JACQUELINE PATRICIA MULHERNRespondent

 

BRISBANE 

  

DATE 17/08/2012

 

JUDGMENT

 

GOTTERSON J:  This is an application under rule 774(b) of the UCPR.  The applicant is the respondent to the appeal, Bank of Queensland Limited.

In these reasons I refer to the Bank as the applicant and to Jacqueline Patricia Mulhern, as the respondent.  She is the appellant in the appeal.

On the 7th of June this year, I ordered that the respondent provide security for the applicant's costs of the appeal in the amount of $20,000 by 4 pm on the 29th of July 2012. 

Security in that amount has not been given.  The respondent, who has not appeared today, has not given any reason for the failure to provide security.

In those circumstances and having regard to the view I expressed in reasons given on the 7th of June that the appeal has little prospect of success I consider it appropriate that the discretion conferred by rule 774(b) be exercised by dismissing the appeal.

The orders of the Court are:

1.Appeal dismissed;

2.The respondent is to pay the applicant's costs of the appeal including the costs of this application on the standard basis.

 
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Editorial Notes

  • Published Case Name:

    Bank of Queensland Ltd v Mulhern

  • Shortened Case Name:

    Bank of Queensland Ltd v Mulhern

  • MNC:

    [2012] QCA 218

  • Court:

    QCA

  • Judge(s):

    Gotterson J

  • Date:

    17 Aug 2012

Litigation History

EventCitation or FileDateNotes
Primary JudgmentSC5472/10 (No citation)25 May 2010The plaintiffs obtained Mareva orders in respect of an amount of $479,466 credited to the account of Mrs Jacqueline Mulhern with Bank West.
Primary JudgmentSC5472/10 (No citation)08 Aug 2011The frozen funds were paid into Court by Bank West.
Primary Judgment[2012] QSC 12009 May 2012The Court found that Mrs Mulhern took the amount of $479,466 from the first to fifth plaintiffs in circumstances where the bank’s charge had crystallised. Judgment for the plaintiffs: Douglas J.
Primary JudgmentSC5472/10 (No citation)09 May 2012The Court ordered that the money held in Court be paid to the receivers and managers of the first to fifth applicants: Douglas J.
QCA Interlocutory Judgment[2012] QCA 14707 Jun 2012Bank of Queensland applied for an order that Mrs Mulhern provided security for costs in the appeal in the amount of $20,000. Application granted: Gotterson JA.
QCA Interlocutory Judgment[2012] QCA 14607 Jun 2012Mrs Mulhern applied in the appeal for an order that the moneys paid into Court, together with accretions, be paid to her. Application dismissed: Gotterson JA.
QCA Interlocutory Judgment[2012] QCA 21817 Aug 2012Mrs Mulhern failed to provide security for costs of the appeal. Appeal dismissed: Gotterson JA.

Appeal Status

No Status

Cases Cited

No judgments cited by this judgment.

Cases Citing

Case NameFull CitationFrequency
Prins v The Body Corporate for the Wave CTS 36237 [2013] QDC 661 citation
1

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