Jensen v Bank of Queensland (No 2) [2013] NSWSC 1325

Supreme Court New South Wales

Medium Neutral Citation: Jensen v Bank of Queensland (No 2) [2013] NSWSC 1325 Hearing dates: 5 July 2013 Decision date: 20 September 2013 Jurisdiction: Common Law Before: Adams J Decision: 1. The whole of the statement of claim is struck out. 2. The plaintiffs to pay the defendant's costs. Catchwords: MORTGAGES - possession - mortgagee exercises power of sale - claims of fraud and improper conduct made by mortgagors against mortgagee - re-litigate issues already determined by the Court - res judicata - alleged sale at undervalue - mere negligence insufficient

PRACTICE AND PROCEDURE - application to strike out statement of claim or in the alternative parts of the statement of claim - frivolous or vexatious statement of claim - statement of claim struck out Legislation Cited: Uniform Civil Procedure Rules 2005 Real Property Act 1900 The Constitution Consumer Credit Code Banking Code of Conduct Cases Cited: Bank of Queensland Ltd v Jensen [2011] NSWSC 1566 Jensen v Bank of Queensland [2011] NSWCA 36 Jensen v Bank of Queensland [2011] NSWCA 132 Jensen v Bank of Queensland Limited [2011] HCASL 92 Jensen v Bank of Queensland [2012] HCASL 72 Bank of Queensland v Hoerman [2011] NSWSC 73 Paula Jensen v Bank of Queensland Ltd [2011] NSWCA 37 Jensen v Bank of Bank of Queensland [2011] NSWCA 71 Ultimate Property Group Pty Limited v Lord [2004] NSWSC 114; 60 NSWLR 646 Pendlebury v Colonial Mutual Life Assurance Society Ltd (1912) 13 CLR 676 Commonwealth Bank of Australia v Hadfield [2001] NSWCA 440; (2001) 53 NSWLR 614 Category: Interlocutory applications Parties: Paula Ann-Charlotte Jensen (First plaintiff) Helena Jensen (Second plaintiff) Bank of Queensland (Defendant) Representation: Counsel: DJ Barnett (Defendant) Solicitors: Self-represented (First plaintiff) Self-represented (Second plaintiff) Dibbs Barker (Defendant) File Number(s): 2011/135313