Collier & Anor v ANZ Banking Group Limited

This matter came before the High Court of Australia concerning an application by Robert John Collier and Marion Collier against ANZ Banking Group Limited. The dispute involved an application for a permanent stay of proceedings. Mrs Collier, appearing on behalf of herself and her husband, sought an adjournment to allow for the granting of her disbursement from bankruptcy, enabling her to pursue an independent case against the ANZ Bank. She indicated an intention to amend the application so that only she would be the applicant, not her husband.

The primary legal issue before the Court was the status of the application filed by the Colliers, particularly in light of the potential annulment of their bankruptcy. The Court was to determine whether the bankruptcy of the applicants had been annulled and, if so, what the consequence would be for the application. A related issue arose from the respondent's submission that the action had already been stayed pursuant to section 60(2) of the *Bankruptcy Act*, based on an election made by the official trustee.

The Court noted that on a previous occasion, it had indicated an intention to declare, pursuant to section 60(2) of the *Bankruptcy Act*, that the action was stayed. The matter was listed for the current hearing solely to ascertain the status of the bankruptcy. Mrs Collier's proposed amendment, to proceed solely in her name if her bankruptcy was annulled, presented different problems than those previously contemplated. The respondent argued that any adjournment would be futile, as an election had been made by the official trustee, thereby staying the action under section 60(2) of the *Bankruptcy Act*. The respondent also referred to section 154(2) of the *Bankruptcy Act*.