ANZ Banking Group Ltd v DG of the Department of Fair Trading

The appeal concerned the ANZ Banking Group Ltd and the Director-General of the Department of Fair Trading, arising from a dispute regarding alleged contraventions of the *Credit Act 1984* (Cth). The matter came before the Court of Appeal of New South Wales following decisions of the Commercial Tribunal of New South Wales and Hamilton J.

The central legal issues before the Court of Appeal were whether the Commercial Tribunal had jurisdiction to grant relief under section 86A of the *Credit Act 1984* in circumstances where the applicant had made a minor error in its application, and whether the Tribunal had erred in its interpretation and application of sections 36, 85, and 86A of the Act. The Court was required to consider the interplay between these provisions and the effect of minor errors on the Tribunal's remedial powers.

In its reasoning, the Court of Appeal applied the principles established in *Contrade Finance Ltd v Senes* and distinguished the facts from those in *Custom Credit Corporation v Gray*. The Court held that the Commercial Tribunal did possess jurisdiction to grant relief under section 86A, even in the presence of a minor error in the application, and that the Tribunal had erred in its previous determination. The Court also considered and overruled earlier decisions, including *Australian Guarantee Corporation v Roberts & Anor*.

Consequently, the Court of Appeal set aside the orders of Hamilton J and the Commercial Tribunal. The ANZ Banking Group Ltd was ordered to pay the respondents' costs of the proceedings before the Tribunal, Hamilton J, and the appeal. The matter was remitted to the Commercial Tribunal of New South Wales for further consideration in accordance with the Court's reasons.