Paula Jensen v Bank of Queensland Limited

This matter concerned an application for leave to appeal an order made by Gzell J in the Supreme Court of New South Wales. The parties involved were Paula Jensen, the applicant, and the Bank of Queensland Limited, the respondent. The dispute centred on an order made by Gzell J under section 74MA(2)(b) of the *Real Property Act*.

The primary legal issue before the Court of Appeal was whether to grant leave to appeal the specific order made by Gzell J. The Court was also required to consider the appropriate interim orders pending the determination of the appeal, including whether to stay the order under appeal and how to manage the procedural aspects of the appeal itself.

The Court of Appeal granted leave to appeal, but limited it to the order made by Gzell J under section 74MA(2)(b) of the *Real Property Act*. The Court made no order for the costs of the summons for leave to appeal and noted that the Bank of Queensland would not enforce the costs order made by Gzell J against Ms Jensen pending the appeal. The hearing of the appeal was expedited, and directions were given for the preparation of appeal books, filing of submissions, and the hearing. Crucially, the order made by Gzell J was stayed pending the determination of the appeal. The Court also directed the bank to notify the Registrar-General of these orders and to indicate the Court's wish for assistance from the Registrar-General regarding the validity of the order under appeal.