Poulos v Australia and New Zealand Banking Group Ltd [2021] NSWSC 971

Supreme Court New South Wales

Medium Neutral Citation: Poulos v Australia and New Zealand Banking Group Ltd [2021] NSWSC 971 Hearing dates: 2 August 2021 Date of orders: 2 August 2021 Decision date: 02 August 2021 Jurisdiction: Equity Before: Darke J Decision: Amended Statement of Claim struck out. Catchwords: CIVIL PROCEDURE – pleadings – application to strike out Amended Statement of Claim and dismiss proceedings pursuant to rules 14.28 and 13.4 of the Uniform Civil Procedure Rules – held that Amended Statement of Claim discloses no reasonable cause of action and has a tendency to cause prejudice, embarrassment and delay – order that the Amended Statement of Claim be wholly struck out – plaintiff afforded further opportunity to formulate a pleading which is in an acceptable form Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) rr 13.4, 14.28 Cases Cited: Commonwealth Bank of Australia v Hacide Pty Ltd (Unreported Judgment of Sully J) Elders Lensworth Finance Limited v Glenwood Investments Pte Ltd (Unreported Judgment of Needham J) Hacide Pty Ltd v Commonwealth Bank of Australia [1991] NSWCA 134 McGuirk v University of New South Wales [2009] NSWSC 1424 Nadinic v Drinkwater (2017) 94 NSWLR 518; [2017] NSWCA 114 Rock v Henderson [2021] NSWCA 155 Ugur v Attorney-General [2019] NSWCA 86 Wentworth v Rogers (No 5) (1986) 6 NSWLR 534 Category: Procedural rulings Parties: Patricia Poulos (Plaintiff) Australia and New Zealand Banking Group Ltd trading as ANZ Bank (Defendant) Representation: Counsel: Ms M Hall (Defendant)