NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Donnelly v Australia and New Zealand Banking Group Limited [2016] NSWSC 263 Hearing dates: 15 March 2016 Date of orders: 15 March 2016 Decision date: 15 March 2016 Jurisdiction: Equity Before: Pembroke J Decision: Summons dismissed Catchwords: JURISDICTION – inherent jurisdiction not to be used as a back door method to enable unsuccessful litigants to re-argue cases COUNSEL – duty to court – obligation to restrain the misconceptions and enthusiasms of client FINALITY OF LITIGATION – public interest in bringing an end to hopeless causes SUMMARY DISMISSAL – prohibition on institution of further proceedings justified, in addition to summary dismissal Cases Cited: Autodesk Inc v Dyason [No 2] (1993) 176 CLR 300 The Ampthill Peerage [1977] AC 547 Giannarelli v Wraith (1988) 165 CLR 543 McLaughlin v Dungowan Manly Pty Ltd (No 3) [2011] NSWSC 717 Thomas & Ors v SMP (International) Pty Ltd & Ors [2010] NSWSC 822 Category: Procedural and other rulings Parties: Fiona Marie-Therese Donnelly – plaintiff Australia and New Zealand Banking Group Limited – first defendant ANZ Asia Limited – second defendant Representation: Counsel: K Ryan – for the plaintiff J Foley (solicitor) – for the defendants
Solicitors: Gadens – for the first and second defendants File Number(s): 2015/370460
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