Poulos v Commonwealth Bank of Australia Ltd (No 2)

The applicant, Poulos, sought to amend, vary, or set aside a judgment previously handed down by the court. The respondent was the Commonwealth Bank of Australia Ltd. The application was heard by Payne and Brereton JJA in the Court of Appeal of New South Wales.

The central legal issue before the court was whether there was any proper basis to grant the applicant's request to amend, vary, or set aside the prior judgment. This involved considering whether the application raised new matters or arguments that had not already been addressed and determined in the original judgment.

The court found that the applicant's motion essentially restated matters that had been fully considered and dealt with in the impugned judgment. There was no new evidence or legal argument presented that would justify revisiting the court's previous decision. Consequently, the court concluded that the application lacked any substantive basis.

Accordingly, the notice of motion filed on 18 October 2019 was dismissed, and the applicant was ordered to pay the costs of the respondent.