Paula Jensen v Bank of Queensland Limited

[2012] HCASL 72

PAULA JENSEN

v

BANK OF QUEENSLAND LIMITED

[2012] HCASL 72

S40/2012

1. The applicant seeks special leave to appeal against orders of the Court of Appeal of the Supreme Court of New South Wales (Hodgson, McColl and Macfarlan JJA) refusing the applicant's application for leave to appeal against orders of a single judge of the Supreme Court of New South Wales (Davies J), and dismissing the applicant's notice of motion seeking, among other things, a stay of all orders against the applicant.

2. On 29 September 2009, the respondent obtained a default judgment against the applicant for possession of a property which was the subject of a mortgage in favour of the respondent.  On 13 May 2010, Davies J dismissed notices of motion filed by the applicant seeking, among other things, to set aside the default judgment on the grounds that the applicant was not amenable to the jurisdiction of the Court because she had seceded from New South Wales and Australia, and that the default judgment had been irregularly obtained. 

3. On 24 February 2011, the Court of Appeal (Beazley and Macfarlan JJA) refused the applicant's application for leave to appeal against the decision of Davies J.  This Court refused the applicant's application for special leave to appeal against that decision of the Court of Appeal[1].

   [1]Jensen v Bank of Queensland Limited [2011] HCASL 92.

4. On 6 May 2011, a differently constituted Court of Appeal (Hodgson, McColl and Macfarlan JJA) dismissed a further application by the applicant for leave to appeal against the decision of Davies J and an application for a stay of all orders against the applicant.  Hodgson JA, with whom the other members of the Court agreed, noted that exceptional circumstances must be demonstrated for leave to appeal to be granted on a second application.  No such circumstances were demonstrated.

5. As the applicant is unrepresented, the application falls to be dealt with under r 41.10 of the High Court Rules 2004.

6. The applicant's written submissions raise no arguable case of error in the courts below.  An appeal to this Court would have no prospects of success.

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

8          K.M. Hayne

9          10 May 2012

10                   S.M. Crennan