Boulos v Dr Martin

The applicant, Boulos, sought leave to appeal from a decision of the Court below which had dismissed his proceedings against Dr Martin. The core of the dispute concerned the application of the doctrine of *res judicata*.

The primary legal issue before the Court was whether the applicant had an arguable case for leave to appeal. This required the Court to consider whether the dismissal of the proceedings below was affected by *res judicata* and, if so, whether there were grounds to set aside or vary that dismissal.

Whealy JA and Tobias AJA refused leave to appeal, finding that the applicant did not have an arguable case. Their Honours determined that the doctrine of *res judicata* applied to the proceedings, meaning the matter had already been finally determined by a competent court and could not be relitigated. Consequently, the Court concluded that there were no grounds upon which to grant leave to appeal.

The Court ordered that leave to appeal be refused with costs, and the Notice of Motion filed by the applicant was dismissed with costs.