Poulos v Commonwealth Bank of Australia Ltd (No 3)

[2020] NSWCA 72

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 under UCPR rr 36.15, 36.16, 36.17, 36.18
5. › Whether judgment given irregularly, illegally or against good faith
6. › Whether relevant irregularity or misapprehension of law or fact
7. › Whether inherent power to set aside available
8. › Uniform Civil Procedure Rules 2005 (NSW), rr 36.15, 36.16, 36.17, 36.18
1. Practice and Procedure
2. › Finality of litigation
3. › Reopening judgments
4. › Power to reopen subject to public interest in finality
5. › Whether power should be exercised to permit general reopening of case
6. › Whether complaint is of error rather than irregularity
1. Practice and Procedure
2. › Vexatious proceedings
3. › Abuse of process
4. › Repeated applications to set aside same judgment
5. › Whether order requiring applicant to show cause before filing further applications should be made

Quick Take

The Court held that repeated applications to set aside the same judgment may result in a show-cause order requiring the applicant to demonstrate why future applications should not be summarily dismissed as vexatious.