| 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) |
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.
Boothby
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