ANZ Banking Group v Jones

ANZ Banking Group applied to the Federal Circuit Court for a stay of an order made by the Registrar requiring them to provide certain documents to Jones. Jones opposed the application and applied to have it summarily determined. The primary judge dismissed the application for a stay and summarily determined the appeal against the discovery order, ruling in Jones's favour. ANZ Banking Group appealed to the Full Court of the Federal Circuit, arguing that the primary judge erred in summarily determining the appeal. They contended that the appeal raised issues of law and fact that were not suitable for summary determination.

The Full Court considered the nature of the appeal and the issues raised by ANZ Banking Group. It noted that the appeal was not merely a challenge to the discovery order but also included an argument that the Registrar had exceeded their authority. The court found that the appeal involved complex issues that required a full hearing, and the primary judge had erred in summarily determining the appeal. The Full Court set aside the primary judge's decision and ordered that the appeal be heard at a full hearing. It also ordered that the stay of the discovery order would remain in place until the appeal was determined.