Collier, M.L. v Australia and New Zealand Banking Group Ltd

The case of Collier v Australia and New Zealand Banking Group Ltd was heard before Lockhart J in the Federal Court of Australia, New South Wales District Registry. The applicant, Marion Louise Collier, sought leave to appeal against orders made by Einfeld J and the subsequent dismissal of an appeal by consent by a Full Court on 4 June 1990. The respondent, Australia and New Zealand Banking Group Limited, opposed the motion, seeking various orders in a notice of motion returnable forthwith.

The legal issue before the Court was whether the applicant could appeal against the orders made by Einfeld J and the subsequent dismissal of the appeal by consent. Lockhart J considered the procedural grounds for dismissing the motion, noting that the appeal had been dismissed by consent, and whether any further discretion existed to probe the circumstances of the dismissal. Lockhart J concluded that the motion was not competent and found no basis to exercise further discretion to consider the circumstances of the dismissal.

Lockhart J dismissed the notice of motion filed by the applicant, finding that there was no competent motion before the Court. The Court also did not grant leave to the respondent to file its notice of motion. The applicant was ordered to pay the costs of the respondent and the Official Trustee in Bankruptcy.

This case underscores the importance of procedural compliance in appellate proceedings and the limited discretion of the Court to entertain motions that are not properly before it. The decision highlights the principle that an appeal dismissed by consent cannot be revived or further pursued without proper grounds.