Garry Anthony Moon & Anor v Secure Funding Pty Ltd (ACN 081 982 872)

[2014] HCASL 42

GARRY ANTHONY MOON & ANOR

v

SECURE FUNDING PTY LTD (ACN 081 982 872) & ORS

[2014] HCASL 42
B52/2013

1. The first respondent, Secure Funding Pty Ltd ("Secure") brought proceedings in the Supreme Court of Queensland to enforce its rights under a loan agreement with the applicants following their default.  The loan was secured by a mortgage over the applicants' property.  By counterclaim the applicants sought to have the loan and mortgage set aside.  The applicants were self-represented at the trial. 

2. On 7 September 2012 P Lyons J made an order for possession and gave judgment in favour of Secure in the amount of $1,057,916.83.  His Honour dismissed the applicants' counterclaim.

3. The applicants appealed to the Court of Appeal of the Supreme Court of Queensland (McMurdo P, Fraser JA and Daubney J).  The applicants did not attend the hearing of their appeal.  Prior to the hearing the first applicant appears to have sent an email to the Registry of the Court of Appeal purporting to "cancel the upcoming appeal … due to the absence of demonstrated authority" and declaring judgment in his favour[1].  As the applicants did not file a notice of abandonment of their appeal, the Court of Appeal proceeded to consider and dismiss the appeal on its merits. 

   [1]Moon v Secure Funding Pty Ltd [2013] QCA 86 at 3, 4.

4. The applicants apply for special leave to appeal. As the applicants do not have legal representation, their application falls to be dealt with under r 41.10 of the High Court Rules 2004 (Cth) ("the Rules").

5. They require an extension of time under r 41.02.2 of the Rules. The reasons advanced for the failure to comply with the Rules include that the applicants were unaware that their appeal had proceeded notwithstanding its "cancellation". The purported grounds and the applicants' summary of argument are largely unintelligible. There is no utility in the extension of time that is sought, since no arguable basis for challenge to the decision of the Court of Appeal is articulated.

6. The application is dismissed. 

7. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

V.M. Bell
12 March 2014 S.J. Gageler