Ferella v Key Nominees Pty Limited

The parties to this matter were Ferella and Key Nominees Pty Limited. The dispute concerned an application for leave to appeal an order that prevented the re-litigation of the same cause of action without leave. The appeal was heard by Leeming JA and Emmett AJA.

The primary legal issue before the court was whether the fresh proceedings initiated by Ferella fell within the scope of the prior order preventing re-litigation without leave. The court was also required to determine if there was any error in the decision of the primary judge and if there was any explanation for why leave to re-litigate had not been sought.

The court found no error in the decision of the primary judge. It reasoned that the fresh proceedings were indeed within the scope of the prior order. Furthermore, no satisfactory explanation was provided as to why leave to re-litigate had not been sought by Ferella.

Consequently, the summons seeking leave to appeal filed on 28 September 2015 was dismissed with costs.