Zaigham Abbas Malik v ANZ Banking Group Limited

This matter concerned an application for leave to appeal out of time against a costs order made by the Federal Court of Australia. The applicant, Zaigham Abbas Malik, sought to appeal a costs order made in favour of the respondent, ANZ Banking Group Limited.

The primary legal issues before the court were whether the applicant had provided a sufficient explanation for the delay in filing the appeal and whether the proposed appeal had sufficient merit to warrant leave being granted. Specifically, the court considered whether the applicant could demonstrate the necessary grounds for appeal, such as a *House v The King* error, in relation to the original costs order.

Penfold J found that the applicant had failed to provide an acceptable explanation for the significant delay in lodging the appeal. While health issues were raised, the evidence was insufficient to establish a causal link to the delay. Furthermore, the court considered that the grounds of appeal, as foreshadowed in the draft notice of appeal, were unlikely to be made out. These grounds related to alleged failures to consider material considerations and erroneous findings of fact in the making of the costs order, which the court deemed unlikely to be established on appeal. The court also noted that it was difficult to ascertain where fault lay for the delay, suggesting this was a matter for the applicant and his legal representatives to resolve.

Consequently, the application for leave to appeal out of time was dismissed, and the applicant was ordered to pay the respondent's costs.