Rodgers & Anor v Australian and New Zealand Banking Group Ltd

[2006] QCA 269

COURT OF APPEAL

McMURDO P
JERRARD JA
KEANE JA

Appeal No 2 of 2006

STEPHEN ALEXANDER RODGERS AND ROSLYN RODGERS	Appellants/Plaintiffs
and
AUSTRALIAN AND NEW ZEALAND BANKING GROUP LIMITED ABN 11 005 357 522	First Respondent/First Defendant

and

MINTER ELLISON LAWYERS                Second Respondent/

Second Defendant

BRISBANE

..DATE 28/07/2006

ORDER

THE PRESIDENT:  Because of the concessions made by Mrs Rodgers on behalf of both her husband and herself that the appeal is not well-based and because she has indicated that she no longer wishes to pursue the appeal the appeal is struck out with costs to be assessed. 

I would add, for my part, that I have considered the matter on the merits and listened carefully to all that Mrs Rodgers said this morning and I have looked at her outlines of argument and I have no doubt that the judgment of the court the subject of this appeal was well-founded for the reasons given by the primary judge.

JERRARD JA:  I agree with the President and with the opinion that Mrs Rodgers herself really has put forward that her material does not establish any grounds for overturning the decision of the primary judge in this matter.

KEANE JA:  I agree.  In my opinion the decision of the primary judge from which the Rodgers appealed is plainly correct.

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