Poulos v Commonwealth Bank of Australia Ltd (No 2)

[2019] NSWCA 290

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Judgments and orders
3. › Setting aside and variation
4. › Application to set aside judgment of Court of Appeal refusing leave to appeal
5. › Whether judgment given irregularly, illegally or against good faith
6. › Whether basis for variation or reopening
7. › Whether clerical mistake or slip
8. › Uniform Civil Procedure Rules 2005 (NSW), rr 36.15, 36.16, 36.17, 36.18
1. Practice and Procedure
2. › Vexatious proceedings
3. › Whether order requiring applicant to show cause before filing further applications should be made
4. › Whether sufficient repetitive applications to warrant such order

Quick Take

Complaints about alleged errors in a judgment that are remediable only on appeal do not constitute a basis for setting aside or varying the judgment under UCPR rr 36.15-36.18, and the [name withheld] (No 4) show-cause procedure for vexatious litigants requires more than one repetitive application before it will be invoked.