Jensen v Bank of Queensland

Case

[2011] NSWCA 132

06 May 2011


Details
AGLC Case Decision Date
Jensen v Bank of Queensland [2011] NSWCA 132 [2011] NSWCA 132 06 May 2011

CaseChat Overview and Summary

Jensen sought leave to appeal from decisions of the Bank of Queensland. The proceedings involved successive applications for leave to appeal, raising questions about the circumstances under which a second application might be permissible.

The primary legal issue before the court was whether the circumstances presented by Jensen justified a second application for leave to appeal, particularly in light of the usual finality of such decisions and the relevant procedural rules.

The Court of Appeal dismissed Jensen's applications, finding that no sufficient grounds were established to warrant a second application for leave to appeal. The court applied principles concerning the finality of judgments and the limited circumstances in which successive applications for leave to appeal will be entertained.

Consequently, the Court of Appeal ordered that Jensen's notice of motion filed on 25 March 2011 and his notice of motion and summons for leave to appeal filed on 4 April 2011 be dismissed, with costs awarded to the Bank of Queensland.
Details

Areas of Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Costs

  • Res Judicata

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Most Recent Citation
High Court Bulletin [2012] HCAB 5

Cases Citing This Decision

6

Jensen v Bank of Queensland [2013] NSWSC 1310
Cases Cited

0

Statutory Material Cited

2