Collier & Anor v Australia and New Zealand Banking Group Limited

In the High Court of Australia, Robert John Collier and Marion Louise Collier (the applicants) sought to lift a stay previously imposed by the Court. The respondent, Australia and New Zealand Banking Group Limited, was represented by counsel. The applicants, appearing in person, presented affidavits in support of their application to lift the stay, including one sworn on the day of the hearing.

The primary legal issue before the Court was whether the affidavits presented by the applicants were relevant to their application to lift the stay. Specifically, the respondent objected to the admission of affidavits sworn on 19 July and 29 July, arguing that the material contained within them related to events occurring after the New South Wales Court of Appeal's decision of 20 June 1988, which was the subject of the original application for special leave to appeal. The respondent contended that this post-decision material was not relevant to the appeal itself, nor could it be admitted as further evidence.

The Court was required to consider the admissibility of the affidavits and the relevance of their contents to the application to lift the stay. The respondent's objection was based on the temporal disconnect between the events described in the affidavits and the subject matter of the appeal. The respondent also raised objections to specific paragraphs within the 19 July affidavit on the grounds of scandalous material. The Court indicated it would review the affidavits and hear submissions on their admissibility.