Bank of Queensland Ltd v Mulhern

[2012] QCA 218

[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 MULHERN  Respondent

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.