Poulos v Australia and New Zealand Banking Group Ltd

The applicant, Poulos, sought leave to appeal from a summary dismissal of proceedings against Australia and New Zealand Banking Group Ltd. The proceedings involved serious allegations of fraud, but the court noted deficiencies in the pleading of these allegations. Furthermore, the applicant sought to re-agitate issues that had been determined over 30 years prior. The appeal was heard by Ward ACJ and Adamson JA.

The primary legal issues before the court were whether to grant an extension of time for the filing of the summons seeking leave to appeal, and whether the summons itself was competent. The court was also required to consider the applicant's history of litigation and the nature of the claims being advanced.

The court refused leave for an extension of time, finding that the application was made out of time and lacked sufficient merit to justify an extension. The summons seeking leave to appeal was dismissed as incompetent, given the deficiencies in the pleadings and the attempt to re-litigate long-determined matters. The court also indicated its intention to consider referring the matter to the Attorney-General for potential vexatious litigant proceedings.

Consequently, the court ordered that leave for an extension of time be refused, and the summons seeking leave to appeal be dismissed. The applicant was ordered to pay the respondent's costs and was directed to file submissions within 14 days regarding why the matter should not be referred to the Attorney-General for consideration of a vexatious litigant declaration.