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[1994] QCA 143
General information, not legal advice.
Court of Appeal (Qld)
1994-05-12
McPherson J, Pincus J, Dowsett J
Original judgment source is linked above.
For the reasons given we are of the opinion that Mr Skyring's appeal would have no prospect of success. Because of that the application to extend the time for appealing must be refused with costs.
APPLICATION FOR EXTENSION OF TIME WITHIN WHICH TO APPEAL REFUSED WITH COSTS.
CATCHWORDS PRACTICE - Application for extension of time to appeal - Merit of appeal considered.
CONSTITUTIONAL LAW - CURRENCY - Whether paper currency legal tender - Application of Part V Reserve Bank Act 1959 - Whether power to legislate under ss.51(xii), (xiii) of the Constitution.
COSTS - Whether Magna Carta prevents cost orders against unsuccessful litigants - Application of s.5 Imperial Acts Application Acts 1982 - Chia Gee v. Martin [1905] HCA 70; (1905) 3 C.L.R. 649 - Order 91, r.1 Rules of the Supreme Court.
Skyring
Australia & New Zealand Banking Group Ltd [1994] QCA 143
It is Magna Carta in the form confirmed in 1297 that is recognised by s.5 of the Imperial Acts Application Acts 1984 as continuing in force in Queensland. That Act treats Magna Carta as an Imperial Act. Whether it is regarded in that light, or simply as a royal charter, it remains the case that an applicable enactment, whether Queensland, Commonwealth or Imperial, is capable in law of repealing Magna Carta either completely or to the extent that it is inconsistent with that enactment. As Griffith C.J. acknowledged in Chia Gee v. Martin [1905] HCA 70; (1905) 3 C.L.R. 649, 653, the contention that a law of the Commonwealth is invalid because "it is not in conformity with Magna Carta is not one for serious refutation". His Honour's reasons in that case were concurred in by the other two members of the High Court, who were Barton and O'Connor JJ.