Astram Financial Services Pty Limited v Bank of Queensland Limited

REASONS FOR JUDGMENT 1 On 17 November 2010, the Court directed the appellants to provide security for the costs of the respondent and directed that the appeal be stayed pending the provision of security. The Court also ordered that the notice of appeal of 11 October 2010 be struck out on the basis that it disclosed no viable ground of appeal. The appellants were granted leave to file and serve a further notice of appeal no later than 8 December 2010. No such further notice of appeal has been filed. 2 When the matter was called on again today for directions, counsel for the appellants indicated that they are not in a position to provide the security directed on 17 November 2010. Nor have they been able to formulate any grounds of appeal that would indicate that there is any prospect of the appeal succeeding. In those circumstances, the respondent has moved for summary dismissal of the appeal. While that order is not consented to by the appellants, the appellants did not wish to advance any argument in opposition. In the circumstances, I consider that it is appropriate that the appeal be dismissed. I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Emmett.