In the matter of an application by Graham Freemantle for leave to issue a proceeding

This matter concerned an application by Graham Freemantle for leave to issue a proceeding before the High Court. The applicant sought to adopt submissions made in a separate, but related, application.

The central legal issue before Hayne J was whether to grant leave to issue the proceeding, given that no question arose in the applicant's proposed proceeding that differed in any material respect from questions arising in another application before the Court.

Hayne J reasoned that as the applicant's proposed proceeding raised no material differences from the other application, and leave had been refused in that other application, it would be inappropriate to grant leave in this instance. The Court applied the principle that leave to issue a proceeding will not be granted where the issues are identical to those already considered and refused.

Accordingly, leave to issue the proposed proceeding was refused.