James Todd Bradshaw & Anor v Secure Funding Pty Ltd
[2012] HCASL 123
JAMES TODD BRADSHAW & ANOR
v
SECURE FUNDING PTY LTD
[2012] HCASL 123
B23/2012
In 2009 and 2010, two proceedings were commenced in the Supreme Court of Queensland by the respondent with respect to alleged defaults on a mortgage held by the applicants over their house property. Both proceedings were successfully defended by the applicants on the basis that they had deposited an amount of $18,000 to the credit of the respondent on 20 August 2009 and thus were not in default under the mortgage. On 11 June 2010, a consent order was made dismissing both proceedings with costs.
On 4 May 2010, the applicants commenced proceedings in the Supreme Court of Queensland claiming, among other remedies, damages for the tort of maliciously instituting civil process. Mullins J rejected the applicants' claims and held that the cause of action had not been properly pleaded and, even if it were properly pleaded, the evidence precluded the applicants having any real prospects of succeeding in such an action. All of the applicants' other claims were also rejected. Her Honour entered judgment for the respondent on 23 June 2011.
On 16 March 2012, the Court of Appeal (McMurdo P, Chesterman JA and Margaret Wilson AJA) dismissed an appeal. It held that the respondent had not sought to obtain any collateral advantage outside the ambit of the relief claimed in the mortgage proceedings and could not be held liable for damages against the claims now presented by the applicants.
By application filed 3 May 2012, the applicants seek special leave to appeal and to re‑agitate in this Court many of the same grounds that were raised before Mullins J. There are no prospects of the applicants demonstrating error in the decision of the Court of Appeal. An extension of time is granted but special leave is refused.
Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.
W.M.C. Gummow
15 August 2012S.M. Kiefel
0
0