Donnelly v Australia and New Zealand Banking Group Ltd [2016] NSWCA 167

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Donnelly v Australia and New Zealand Banking Group Ltd [2016] NSWCA 167 Hearing dates: 8 July 2016 Decision date: 08 July 2016 Before: Basten JA, Sackville AJA Decision: (1) Dismiss the application for leave to appeal.

(2) The applicant to pay the Bank's costs of the application, to be assessed on an indemnity basis.

In relation to the application that the applicant's counsel, Mr Ryan, personally indemnify the Bank with respect to its costs:

(3) The respondent is to file and serve written submissions, including a statement as to whether the application is pursued, by Friday, 15 July 2016.

(4) Applicant to file and serve written submissions in response by Friday, 29 July 2016, including if oral argument is sought, the reasons for a hearing. Catchwords: APPEAL – application for leave to appeal – judgment below involved application to review an interlocutory decision made in the course of a trial in the Equity Division – trial followed by unsuccessful appeal – appeal followed by unsuccessful application for "judicial review" – second application for "judicial review" rejected – proceedings misconceived Cases Cited: Australia and New Zealand Banking Group Ltd v Donnelly [2013] NSWSC 1760 Donnelly v Australia and New Zealand Banking Group Ltd (unreported, 13 May 2015, Equity Division) Category: Principal judgment Parties: Fiona Marie-Therese Donnelly (Applicant) Australia and New Zealand Banking Group Ltd (First Respondent) ANZ Asia Ltd (Second Respondent) Representation: Counsel: Mr K J Ryan (Applicant) Mr J Foley (Solicitor) (Respondents)