Australia and New Zealand Banking Group Ltd v Mahaffy

Australia and New Zealand Banking Group Ltd applied to the Federal Court to set aside a judgment entered against it in the Federal Magistrates' Court. The judgment had been entered by a Judicial Registrar in proceedings for summary judgment and the dismissal of a cross-claim brought by the defendants. The bank's application was made as a litigant in person and was brought without notice to the defendants. The nature of the dispute was the bank's contention that the reasons for judgment were not available to it, which prevented it from effectively responding to the proceedings. The court was required to determine whether the application should be granted, and if so, on what terms.

The court considered whether it was appropriate to grant the application and set aside the judgment. It noted that the reasons for judgment were not provided to the bank, which hindered its ability to effectively respond to the proceedings. The court also considered the potential prejudice to the defendants if the application was granted and the judgment set aside. Ultimately, the court concluded that it was appropriate to grant the application and set aside the judgment. However, it considered it necessary to make orders to mitigate any potential prejudice to the defendants.

The court ordered that the defendants' notice of motion, filed on 5 November 2012, be adjourned to 30 November 2012. It also ordered that the defendants serve on the solicitors for the plaintiff and lodge with the Associate to Judge Gibson a draft defence and cross-claim on which the defendants intended to rely by 23 November 2012. The court further ordered that an outline of the circumstances in which the adjournment was granted be published. The costs of the application were reserved.