Jensen v Bank of Queensland Ltd

Jensen sought leave to appeal against the dismissal of two separate proceedings and four motions filed in a third proceeding. The Bank of Queensland Ltd was the respondent. The core of the dispute concerned whether Jensen's applications constituted an attempt to re-litigate matters that had already been determined by the court. The appeal was heard by Meagher and Emmett JJA in the Court of Appeal of New South Wales.

The primary legal issue before the Court of Appeal was whether the primary judge erred in dismissing Jensen's applications, and consequently, whether leave to appeal should be granted. This involved considering whether the applications were an abuse of process by seeking to re-argue concluded matters, and whether there were any grounds to set aside or vary the original orders under the Uniform Civil Procedure Rules 2005.

The Court of Appeal found that Jensen's applications were indeed an attempt to re-litigate issues that had already been decided. The court applied the principles relating to res judicata and abuse of process, concluding that there was no proper basis to grant leave to appeal. The court noted the time limits for setting aside and varying judgments under the Uniform Civil Procedure Rules 2005, implicitly finding that these had not been met or were otherwise inapplicable given the nature of the applications.

The application for leave to appeal was dismissed, and Jensen was ordered to pay the costs of the Bank of Queensland Ltd.