Jeff Manny v Anthony Sims and Stephen Parbery from PPBADVISORY and ANZ Bank Ltd and McGrathNicol
Case
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[2013] ACTCA 9
•27 February 2013
Details
AGLC
Case
Decision Date
JEFF MANNY v ANTHONY SIMS & STEPHEN PARBERY FROM PPBADVISORY and ANZ BANK LTD and MCGRATHNICOL
[2013] ACTCA 9 (27February 2013)
[2013] ACTCA 9
27 February 2013
CaseChat Overview and Summary
Jeff Manny appealed to the Full Court of the Federal Court of Australia against orders made by a single judge of that Court. The appeal concerned the validity of the appointments of administrators and receivers by ANZ Bank Ltd, who were represented by McGrathNicol, and also involved PPBADVISORY, represented by Anthony Sims and Stephen Parbery.
The primary legal issues before the Full Court were whether the appointments of the administrators and receivers were validly made, and whether the trial judge had erred in dismissing Mr. Manny's originating application. The notice of appeal nominally challenged all orders of the trial judge, but the decision to dismiss the originating application was not specifically challenged.
The Full Court found no error in the trial judge's decision. It reasoned that the pursuit of the originating application would have been without utility, as no relief sought by Mr. Manny was dependent upon its success. Consequently, the appointments of the administrators and receivers were upheld, and the appeal was dismissed.
The appeal was dismissed with costs.
The primary legal issues before the Full Court were whether the appointments of the administrators and receivers were validly made, and whether the trial judge had erred in dismissing Mr. Manny's originating application. The notice of appeal nominally challenged all orders of the trial judge, but the decision to dismiss the originating application was not specifically challenged.
The Full Court found no error in the trial judge's decision. It reasoned that the pursuit of the originating application would have been without utility, as no relief sought by Mr. Manny was dependent upon its success. Consequently, the appointments of the administrators and receivers were upheld, and the appeal was dismissed.
The appeal was dismissed with costs.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
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Insolvency
Legal Concepts
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Appeal
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Jurisdiction
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Costs
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Remedies
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Most Recent Citation
Australia and New Zealand Banking Group Limited v Jeff Manny [2013] ACTSC 116
Cases Citing This Decision
3
High Court Bulletin
[2013] HCAB 5
Australia and New Zealand Banking Group Ltd v Manny (No 4)
[2013] ACTSC 236
Australia and New Zealand Banking Group Limited v Jeff Manny
[2013] ACTSC 116
Cases Cited
2
Statutory Material Cited
1
Jeff Manny v Anthony Sims and Stephen Parbery from PPBADVISORY, ANZ Bank Ltd and McGrathNicol
[2012] ACTCA 42
Manny v Sims
[2011] ACTSC 58