Bernstrom v National Australia Bank [2001] QSC 499

State Reportl·ng Bureau (-~QueenslandGovernment ' --~~; Department of Justice and Attorney-General Transcript of Proceedings Copyright in this transcript is vested in the Crown. Copies thereof must not be made or sold without the written authority of the Director, State Reporting Bureau. I l _J SUPREME COURT OF QUEENSLAND CIVIL JURISDICTION JONES J Claim No 52 of 2001 ANITA BERNSTROM and NATIONAL AUSTRALIA BANK CAIRNS .. DATE 04/12/2001 JUDGMENT Applicant (Plaintiff) Respondent (Defendant) 1 Th Floor The Law Courts Complex George Street Brisbane Q. 4000. Telephone: {07} 3247 4360. Facsimile: {07} 3247 5532 -- 1 of 3 -- 04122001 T7/JFG M/T CNSl/2001 (Jones J) HIS HONOUR: This is an application on the part of the applicant Anita Bernstrom, who seeks to set aside an order made by the Chief Justice on 20 September 2001, wherein he entered judgment against the applicant in favour of the National Bank of Australia. Since that order was made, the applicant has lodged an appeal to the Court of Appeal against the decision of the Honourable the Chief Justice. Notwithstanding having appealed in that way, the applicant seeks, by this application, to have me reconsider the Chief Justice's decision and to set it aside. Obviously there is no power in the Judge of the trial division to sit in appeal against the decision of another Judge. The applicant has correctly taken the course to bring the matter before the Court of Appeal and there is no purpose therefore, in pursuing the application before me. In the course of the appeal and in the application before me, the applicant wishes to raise some constitutional issues and 20 to this end, has given notice, pursuant to section 78 of the Constitution to various Attorneys-General in the Commonwealth of Australia. Any concerns that the Attorneys-General might have in respect of these proceeding will be dealt with appropriately at the Court of Appeal. There is no purpose in this application. I have no power to make the orders sought and for those reasons, the application should be struck out with costs. I order therefore that the application be struck out. I order 30 2 JUDGMENT -- 2 of 3 -- 04122001 T7/JFG M/T CNSl/2001 (Jones J) that the applicant pay the respondent's costs of and incidental to the application, including reserved costs if any, to be assessed on a standard basis. 3 JUDGMENT -- 3 of 3 --