Jensen v Bank of Queensland [2013] NSWSC 1310

Supreme Court New South Wales

Medium Neutral Citation: Jensen v Bank of Queensland [2013] NSWSC 1310 Hearing dates: 5 July 2013 Decision date: 05 July 2013 Jurisdiction: Common Law Before: Adams J Decision: In respect of the notice of motion filed by the Bank of Queensland: 1. The notice of motion is adjourned. 2. The bank is to file and serve written submissions in support of its motion on or before the close of business on 12 July 2013. Service may be effected by email addressed to Ms Jensen at snakehillprincipality@yahoo.com 3. Noting the submissions of Ms Paula Jensen of 12 April 2013, any further submissions are to be filed and served on or before 2 August 2013. Service may be effected by email addressed to chloe.wallace@dibbsbarker.com 4. The matter is to proceed by way of submissions with no further hearing. In respect of the notice of motion filed by Helena Jensen: 5. The first order is not opposed and accordingly Helena Jensen is joined as a second plaintiff to the statement of claim. 6. The second, third and fourth orders are refused. Catchwords: PRACTICE AND PROCEDURE - notice of seeking substantive relief - inappropriate to proceed by motion - res judicata Legislation Cited: Consumer Credit Code Banking Code of Conduct Cases Cited: Jensen v Bank of Queensland Ltd [2011] NSWCA 36 Jensen v Bank of Queensland Ltd [2011] HCASL 92 Jensen v Bank of Queensland [2011] NSWCA 132 Bank of Queensland Ltd v Jensen [2011] NSWSC 1566 Category: Interlocutory applications Parties: Paula Ann-Charlotte Jensen (First Plaintiff) Helena Jensen (Second Plaintiff) Bank of Queensland Ltd (Defendant) Representation: Counsel: D J Barnett (Defendant) Solicitors: Self-represented (First Plaintiff) Self-represented (Second Defendant) Dibbs Barker (Defendant) File Number(s): 2011/135313