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.

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