Donnelly v Australia and New Zealand Banking Group Ltd (No 2)

Donnelly v Australia and New Zealand Banking Group Ltd (No 2) concerned an appeal before the Court of Appeal of New South Wales. The appellant sought a stay of the sale of a property pending the delivery of a reserved judgment. This was not the first occasion on which such an application had been made, with previous attempts having been refused.

The central legal issue before the Court of Appeal was whether the appellant had established grounds for a stay of the property sale. Specifically, the court had to consider if there had been any material change in circumstances since the prior refusals of similar applications that would warrant a different outcome. The court also had to determine whether the appellant had made a proper application to the court hearing the appeal itself.

Basten JA dismissed the application, finding that no new circumstances had arisen to justify a stay. The court noted that the appellant had not made an application to the court hearing the appeal, and that previous applications for a stay had been refused. Consequently, the court refused to grant the stay.

The notice of motion filed by the appellant seeking the stay of the sale of the property pending the delivery of judgment was dismissed. The appellant was ordered to pay the respondent's costs of the motion.