Blakeley & Jaine (No 2)

In *Blakeley & Jaine (No 2)*, the Full Court of the Federal Court of Australia considered an application for leave to appeal a decision of a single judge concerning the interpretation of a deed of settlement. The applicants, Blakeley and Jaine, sought to appeal the primary judge's refusal to grant them leave to enforce a judgment against the respondent, a company.

The central legal issue before the Full Court was whether the primary judge had erred in law by refusing leave to enforce the judgment. This involved determining whether the applicants had established a sufficient basis to overcome the respondent's objection to enforcement, which was predicated on the terms of a deed of settlement entered into between the parties.

The Full Court analysed the deed of settlement and the surrounding circumstances, applying principles of contractual interpretation. It found that the deed contained a clear and unambiguous release of all claims, including the claim that the applicants sought to enforce. Consequently, the Full Court concluded that the primary judge had correctly determined that the applicants were not entitled to enforce the judgment, as their rights had been extinguished by the settlement deed.

Leave to appeal was therefore refused.