Jeff Manny v Australian and New Zealand Banking Group Limited & Anthony Sims and Stephen Parberry & Shane O'Keefe and Murray Smith

This matter concerned an application for an extension of a stay of possession orders made by the court. The applicant, Jeff Manny, sought to extend the existing stay, which would otherwise expire, to allow for the delivery of possession of property. The respondents were Australian and New Zealand Banking Group Limited, Anthony Sims, Stephen Parberry, Shane O'Keefe, and Murray Smith. The application was heard by Burns J.

The primary legal issue before the court was whether there were sufficient grounds to grant an extension of the stay of possession orders. This involved considering whether the applicant had demonstrated a prospect of success on appeal and whether exceptional hardship would be suffered if the stay were not extended. The court also had regard to the fact that an identical application for a stay had previously been heard and refused by another judicial officer in the proceedings below, and that the orders being appealed were made some time ago.

Burns J refused the application for a stay. The reasoning focused on the lack of evidence presented by the applicant to give confidence in the prospect of success on any appeal. Furthermore, the court noted that the orders appealed from were not recent, and that an identical application had already been considered and dismissed. Consequently, the court found no basis to grant the requested extension of the stay. The application for a stay was refused with costs.