West v Secure Funding Pty Ltd

[2020] QCA 296

Queensland Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Procedure
3. › Security for costs
4. › Impecunious appellant
5. › Appellant who has lost at trial before jury
6. › Whether reasonable prospects of appeal shown
7. › Uniform Civil Procedure Rules 1999 (Qld), r 772
1. Practice and Procedure
2. › Stay of execution
3. › Inherent jurisdiction
4. › No appeal on foot
5. › Whether r 761(2) UCPR applies where extension of time to appeal required
6. › Relevant factors for grant of stay
7. › Whether good arguable case shown
8. › Uniform Civil Procedure Rules 1999 (Qld), r 761(2)
1. Real Property
2. › Mortgages
3. › Recovery of possession by mortgagee
4. › Stay of enforcement of possession order pending appeal
5. › Whether mortgagee's right to possession outweighs mortgagor's personal convenience
6. › Land Title Act 1994 (Qld), s 78(2)

Quick Take

Where an appellant is impecunious, has not filed a notice of appeal in time, and has not demonstrated reasonable prospects of appeal after losing at trial before a jury, security for costs will be ordered. Rule 761(2) UCPR does not confer jurisdiction to grant a stay where no appeal is on foot and only an application for extension of time has been filed; the Court's inherent jurisdiction must be invoked instead. A mortgagee's right to enforce a possession judgment is a compelling consideration against the personal convenience of the mortgagor and their family.