Mio Amico Pty Ltd v Australia and New Zealand Banking Group Ltd

Mio Amico Pty Ltd and others (the applicants) sought to review a judgment of a single judge of the Supreme Court of New South Wales that refused their application for a stay. The Australia and New Zealand Banking Group Ltd was the respondent. The applicants had filed a notice of motion on 8 November 2013 seeking this review.

The primary legal issue before the Court of Appeal was whether the applicants should be permitted to amend their grounds of appeal and rely on further evidence. This was in the context of an abandoned application to review a judgment refusing a stay. The Court also considered the appropriate procedure for dealing with such proposed amendments and the introduction of new evidence.

The Court of Appeal determined that the applicants' proposal to amend their grounds of appeal and rely on further evidence should be dealt with in the ordinary way, implying that the current application was not the appropriate vehicle for such a request. The Court dismissed the notice of motion filed by the applicants on 8 November 2013 and ordered that the applicants pay the Bank's costs of the motion.