Tomcsanyi & Anor v National Australia Bank Limited

[2020] HCASL 44

TOMCSANYI & ANOR

v
NATIONAL AUSTRALIA BANK LIMITED

[2020] HCASL 44
P61/2019

1. On 30 November 2015, the Supreme Court of Western Australia (Acting Master Gething) gave judgment against the applicants for possession of two adjoining properties at Kordabup, Western Australia ("Denmark Farm"). An appeal by the first applicant to the Court of Appeal of the Supreme Court of Western Australia was dismissed, and, on 16 November 2017, an application by the first applicant for special leave to appeal to this Court was dismissed.

2. On 22 March 2018, the Supreme Court issued a Property (Search and Delivery) Order ("PSD Order") in favour of the respondent, and, pursuant thereto, the Sheriff of the Supreme Court later took and delivered up possession of Denmark Farm to the respondent. 

3. In or about July 2019, the first applicant unlawfully re-entered Denmark Farm and threatened to use whatever force was necessary to defend it. Consequently, on 6 September 2019 the Supreme Court (Martin J) issued a second PSD Order in favour of the respondent and, on 21 November 2019, an appeal by the applicants to the Court of Appeal was dismissed pursuant to r 43(2)(g)(i) of the Supreme Court (Court of Appeal) Rules 2005 (WA). The applicants now apply, out of time, for special leave to appeal from the Court of Appeal's orders of 21 November 2019.

4. The application is, in effect, an attempt to relitigate issues which have already been finally determined against the applicants and in respect of which the applicants have previously exhausted all rights of appeal. The application is thus vexatious and oppressive and an abuse of process for which an extension of time cannot be countenanced. An appeal to this Court would enjoy no prospects of success.

5. Pursuant to r 41.08.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application.

G.A.A Nettle	M.M Gordon
11 March 2020