Boden v Boden
[2009] QDC 194
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Boden v Boden[2009] QDC 194
Boden v Boden[2009] QDC 194
[2009] QDC 194
DISTRICT COURT
CIVIL JURISDICTION
JUDGE ROBIN QC
No 641 of 1997
ELIZABETH ANN BODEN | Plaintiff |
and | |
JOHN BARRINGTON BODEN | Defendant |
BRISBANE
DATE 25/06/2009
ORDER
CATCHWORD: | Uniform Civil procedures Rules s 799 - leave to enforce a judgment more than 6 years old - ex parte application |
HIS HONOUR: The Court makes an order in terms of the initialled draft. It's made ex parte, which is permissible under the sub-rule (3) of Rule 799 on which the application is based. The plaintiff/applicant requires the leave of the Court given the time that's elapsed without enforcement proceedings being taken in respect of a judgment for a principal amount of $30,000, encapsulated in an order of Judge McLauchlan QC of the 10th of May 2000 which was made by consent. It appears that, applying interest at 6 per cent, the aggregate of principal and interest is now some $50,684.63.
If it were necessary to advance any reason for the plaintiff's inactivity, that can be found in her relationship to the defendant, whose mother she is. She is a very elderly lady who has now come to the conclusion that the defendant will do nothing "voluntarily" towards satisfying the judgment. It's therefore appropriate that the order be made; it includes a provision that he pay costs on the standard basis. Given that the order's made in his absence, he will have the ordinary right of a litigant in such circumstances to approach the Court if there's any proper basis for seeking to have the order changed or satisfied.