Poulos v Australia and New Zealand Banking Group Ltd (No 2) [2021] NSWSC 1620

Supreme Court New South Wales

Medium Neutral Citation: Poulos v Australia and New Zealand Banking Group Ltd (No 2) [2021] NSWSC 1620 Hearing dates: 2 December 2021 Date of orders: 13 December 2021 Decision date: 13 December 2021 Jurisdiction: Equity Before: Darke J Decision: Proceedings dismissed pursuant to UCPR r 13.4(1)(b) Catchwords: CIVIL PROCEDURE – summary disposal – dismissal of proceedings – Amended Statement of Claim struck out pursuant to UCPR r 14.28(1) – plaintiff given a further opportunity to produce an acceptable pleading – held that the proposed Further Amended Statement of Claim fails to disclose a reasonable cause of action and has a tendency to cause prejudice, embarrassment and delay – held that it is unlikely a properly formulated claim will emerge if further time is given to the plaintiff – order made for dismissal of the proceedings pursuant to UCPR r 13.4(1)(b) Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 58, 91(1), 91(2) Uniform Civil Procedure Rules 2005, rr 12.10, 13.4(1)(b), 14.28(1) Cases Cited: Kirby v Sanderson Motors Pty Ltd (2001) 54 NSWLR 135; [2002] NSWCA 44 McGuirk v University of New South Wales [2009] NSWSC 1424 Poulos v Australia and New Zealand Banking Group Ltd [2021] NSWSC 971 Category: Costs Parties: Patricia Poulos (Plaintiff) Australia and New Zealand Banking Group Ltd (Defendant) Representation: Counsel: Ms M Hall (Defendant)

Solicitors: Dentons (Defendant) File Number(s): 2021/106740 Publication restriction: None