NAB v McCann (No. 2) [2010] NSWSC 1032

The borrower sought to have default judgement set aside. This was her third attempt. The second and third attempts were heard by the same judge. Davies J concluded the third attempt was an abuse of process, commenting:

The abuse of process arises not so much because of the further evidence that was led but because Ms McCann again failed to lead evidence on matters which needed to be led if this application was not to suffer the same fate as the previous application which I heard and determined.

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