Hay & McNab v ANZ National Bank Ltd involved an application by Mr Hay and Mr McNab for a writ of Habeas Corpus (an application challenging the legality of a person's detention).  The application was brought following Mr Hay's and Mr McNab's alleged detention by ANZ for approximately three hours (during which time they were fed tea and Easter buns in a manner that was "all very civilised").  It was claimed that while Mr Hay and Mr McNab were "detained", ANZ conducted a mortgagee sale of a property owned by a company in which Mr Hay is a shareholder and of which Mr McNab is the managing director.  Mr Hay and Mr McNab also asserted that the Bank had failed to account to Mr Hay for his share of the net sale proceeds, which amounted to a restraint on Mr McNab's and Mr Hay's liberty.

In support of the application, Mr McNab and Mr Hay raised arguments as to the failure of ANZ to obtain valid Overseas Investment Office approval for the sale of the property, and perceived inadequacies in the legislative provisions which led to the amalgamation of ANZ's constituent predecessors into the present entity.

Having regard to the fact that Mr Hay and Mr McNab were no longer "detained" by ANZ (having been free to walk into the Court room), the Judge observed that he was "unable to identify a causal nexus between perceived inadequacies in the establishment of the Bank, the civilised provision of tea and Easter buns, and the liberty of the applicants."  Accordingly, Mr Hay and Mr McNab's application was dismissed.

See Court decision here.