Poulos v Australia and New Zealand Banking Group Ltd (No 2)

The Court of Appeal of New South Wales considered an appeal brought by Mr Poulos against Australia and New Zealand Banking Group Ltd. The dispute concerned an application for a declaration that Mr Poulos was a vexatious litigant.

The primary legal issue before the Court was whether it should recommend to the Attorney-General that he consider making an application for a declaration that Mr Poulos was a vexatious litigant.

The Court's reasoning was informed by the applicant's history of litigation, which had been extensive and, in the Court's view, without merit. The Court found that the applicant had engaged in a pattern of conduct that demonstrated a persistent and unjustified institution of legal proceedings. This pattern of behaviour, coupled with the lack of success in those proceedings, led the Court to conclude that an application for a vexatious litigant declaration was warranted.

Accordingly, the Court ordered that the Registrar of the Court of Appeal be directed to refer the matter to the Attorney-General for consideration as to the making by him of an application for a declaration that the applicant is a vexatious litigant.