AUSTRALIA AND NEW ZEALAND BANKING GROUP LTD v COLLIER [1988] NSWCA 9

AUSTRALIA AND NEW ZEALAND BANKING GROUP LTD v COLLIER [1988] NSWCA 9

The Supreme Court had concurrent jurisdiction to consider the Trade Practices Act claims; the decision of Enderby J was interlocutory and required leave to appeal, and no grounds existed on which leave should be granted.

Parties
Claimant: Australia and New Zealand Banking Group Ltd; Opponent: Robert John Collier; Opponent: Marion Louise Collier
Jurisdiction
Australia
Judgment Date
20 June 1988
Procedural Posture
Civil Appeal / Application for Leave to Appeal to Court of Appeal
Outcome
purported appeal dismissed as incompetent; motion for leave to appeal dismissed; Colliers to pay costs of the Bank
Legal Topics
Jurisdiction of State Supreme Court Under Trade Practices Act, Relief Under Contracts Review Act, Mortgage Enforcement, Leave to Appeal Procedure
Trade Practices Contracts Mortgages Jurisdiction of State Supreme Court Under Trade Practices Act Relief Under Contracts Review Act Mortgage Enforcement Leave to Appeal Procedure

Case Brief

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Parties

Australia and New Zealand Banking Group Ltd

Claimant

Robert John Collier

Opponent

Marion Louise Collier

Opponent

Procedural Posture

Civil Appeal / Application for Leave to Appeal to Court of Appeal

Legal Issues

  1. 1 Whether the Supreme Court of NSW had jurisdiction over claims under s52 and s68 of the Trade Practices Act 1974 (Cth) after the 1987 amendment of s86
  2. 2 Whether leave to appeal was required from the interlocutory order of Enderby J
  3. 3 Whether there was any error warranting the grant of leave to appeal

Ratio Decidendi

The Supreme Court had concurrent jurisdiction to consider the Trade Practices Act claims; the decision of Enderby J was interlocutory and required leave to appeal, and no grounds existed on which leave should be granted.

Court Disposition

purported appeal dismissed as incompetent; motion for leave to appeal dismissed; Colliers to pay costs of the Bank

Orders

  • The purported appeal filed by Robert John Collier and Marion Louise Collier is dismissed as incompetent.
  • The motion for leave to file out of time a summons for leave to appeal and ancillary relief is dismissed.