Manny v Australia and New Zealand Banking Group Ltd

The appeal concerned a dispute between Mr Manny (the Appellant) and Australia and New Zealand Banking Group Ltd (the Respondent). The Appellant sought to appeal certain interlocutory orders made by a judge of the Supreme Court of New South Wales.

The primary legal issues before the Court of Appeal were whether leave to appeal should be granted in respect of the interlocutory orders, whether the Appellant should be permitted to adduce fresh evidence on appeal, and whether the appeal itself should be dismissed.

The Court of Appeal considered the principles governing appeals from interlocutory orders and the criteria for admitting fresh evidence. Applying these principles, the Court determined that leave to appeal should be granted only to the extent necessary to consider the substantive grounds of appeal. Furthermore, the Court refused leave to adduce fresh evidence, finding that the proposed evidence did not meet the required threshold for admission on appeal. Consequently, the Court dismissed the appeal.

The Appellant was ordered to pay the Respondent’s costs of the appeal.