Catchwords

APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - QUEENSLAND - SECURITY FOR COSTS - appellant ordered to pay security for costs of appeal by primary judge - appellant failed to satisfy security for costs order within time - appellant applied to Court of Appeal for variation of security for costs order - Court of Appeal refused application - appellant subsequently sought to provide security to Deputy Registrar (Appeals) - Deputy Registrar (Appeals) refused to accept security - appellant made further application to Court of Appeal to vary security for costs order - respondent's legal costs up to present all unrecovered and exceed primary judgement sum - respondent's current costs incurred in relation to the appeal already close to amount of original security ordered - respondent's costs if appeal proceeds would exceed original security ordered - no satisfactory explanation by appellant as to why security he is able to give now was not available in time ordered - no evidence provided by appellant that he has reasonable prospects of shortly obtaining further funds - arguments appellant wishes to agitate on appeal do not immediately appear plainly correct - whether appellant has shown any good reason why security for costs order should be varied - whether security for costs order should be varied

APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - QUEENSLAND - STAY OF PROCEEDINGS - WHEN REFUSED - payment of monies owing under primary judgement by appellant stayed pending hearing of appeal within six months - stay order automatically lifted if appeal not heard in that time - appeal not heard within six months - appellant applied to Court of Appeal for variation of the stay order - application dismissed - appellant made further application to Court of Appeal for variation of stay order - whether application competent - whether stay order should be varied

APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - QUEENSLAND - POWERS OF COURT - OTHER MATTERS - appellant dilatory in prosecuting appeal to the prejudice of respondent - respondent incurred significant costs in two interlocutory applications pending appeal - respondent denied access to half the proceeds of primary judgement sum for six months - arguments appellant wishes to agitate on appeal do not immediately appear plainly correct - appellant not shown to be able to fully compensate respondent should appeal be unsuccessful - whether appeal should be struck out