Dorante-Day & Anor, In the matter of an application for leave to issue or file

This matter concerned an application for leave to appeal to the High Court of Australia by the applicants, Dorante-Day and another, against a decision of the Full Court of the Federal Court of Australia. The underlying dispute involved an application made by the applicants seeking to issue or file certain documents in proceedings before the Federal Court.

The primary legal issue before the High Court was whether the Full Court of the Federal Court had erred in law in dismissing the applicants' appeal from an earlier decision of a single judge of the Federal Court. Specifically, the High Court was required to consider the proper interpretation and application of the relevant rules of the Federal Court concerning the filing and issuance of documents in ongoing litigation.

The Chief Justice, Kiefel CJ, considered the grounds of the application for leave to appeal. The Chief Justice noted that the applicants sought to challenge the Full Court's conclusion that the orders sought were not available under the Federal Court Rules. After reviewing the material before the Court, the Chief Justice concluded that no error of law had been demonstrated that would warrant granting leave to appeal.

Leave to appeal was therefore refused.