Jeff Manny v Australian New Zealand Banking Group Limited

Jeff Manny sought leave to appeal from interlocutory orders made by the Supreme Court of the Australian Capital Territory, which had refused to join additional parties to proceedings and had refused to stay those proceedings. The respondent was the Australian New Zealand Banking Group Limited.

The primary legal issues before the Court were whether the refusal to join parties was an appealable error, and whether the refusal to grant a stay of proceedings was appropriate. The Court also considered its obligation to assist litigants in person while ensuring the rights of other parties were not prejudiced.

Refshauge ACJ determined that the proper procedural avenues for Mr. Manny to pursue his claims against the proposed additional parties were either by way of a counterclaim or a third-party notice, rather than an application to join them as parties to the existing proceedings. Furthermore, the Court noted that the issue of joinder was arguably *res judicata* in other proceedings, which were themselves subject to appeal. As the correctness of the trial judge’s decision regarding the joinder of parties was not challenged, and the refusal to stay proceedings was not demonstrated to be erroneous, the application for leave to appeal was dismissed.

The application for leave to appeal was dismissed, and Jeff Manny was ordered to pay the costs of the Australian New Zealand Banking Group Limited, such costs to be payable upon the final determination of the Supreme Court proceedings between them.