Daily Banking: Monday, 14 December 2015
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AR Conolly Company Lawyers.
A daily Bulletin listing our choice of Decisions of Superior Courts of Australia.

Daily Banking

Executive Summary (One Minute Read)
He v Yeung (NSWCA) - loan agreement - self-represented litigant - proposed appeal with amount in issue of less than $100,000 - leave to appeal refused
McCloy v Latham (NSWSC) - administrative law - bias - order restraining Independent Commission Against Corruption from continuing with investigation refused
Boothby v Commonwealth Bank of Australia (QCA) - possession - failure to pay security for costs of appeal against judgment in bank’s favour - appeal dismissed
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Summaries With Link (Five Minute Read)
He v Yeung [2015] NSWCA 392
Court of Appeal of New South Wales
Beazley P, Meagher JA & Bergin CJ in Eq
Loan agreement - self-represented litigant - respondent loaned money to applicant and husband for applicant’s purchase of residential property - primary judge held applicant was indebted to respondent in amount of $248,279.45 - amount in issue on applicant’s appeal less than $100,000 - applicant require leave to appeal - held: no matter of general principle or public importance in application - no prospect that if leave were granted proposed appeal could succeed - leave to appeal refused.
McCloy v Latham [2015] NSWSC 1879
Supreme Court of New South Wales
McDougall J
Administrative law - bias - plaintiff sought to restrain second defendant Independent Commission Against Corruption from continuing with or reporting on investigation on basis there were reasonable grounds for apprehending Commissioner might not bring open mind to resolution of question of findings in respect of plaintiff - Civil Procedure Act 2005 (NSW) - Court Suppression and Non-Publication Orders Act 2010 (NSW) - Election Funding, Expenditure and Disclosures Act 1981 (NSW) - Independent Commission Against Corruption Act 1988 (NSW) - Independent Commission Against Corruption Amendment Act 2015 (NSW) - Police Integrity Commission Act 1996 (NSW) - held: plaintiff’s arguments as to bias failed - plaintiff treated with scrupulous fairness by Commissioner - summons dismissed.
Boothby v Commonwealth Bank of Australia [2015] QCA 251
Court of Appeal of Queensland
McMurdo P, Morrison JA & Jackson J
Possession - security for costs - Court ordered judgment for possession of land in respondent’s favour and ordered appellant to pay sum to respondent - appellant orders stay of judgment, transfer of proceeding to “Federal Bankruptcy Court or the Federal Circuit Court” for “the High Court to interpret the conflict of state statute, which is inconsistent with the Constitution and federal statute in their operation” and judicial review - Court ordered appellant to pay security for costs - appellant did not pay - respondent sought that appeal be dismissed - whether appeal should be dismissed for noncompliance security order or adjourned to see whether appellant might provide security - held: no serious question that proceeding in District Court or judgment of District Court went beyond jurisdiction - Court had no power to transfer matter to Federal Circuit Court or High Court - District Court judgment not amenable to judicial review- no prospects of success on appeal - appeal dismissed.