Jess & Jess (No 3)

The case before the court was an application for leave to appeal orders made by the Family Court of Australia concerning property settlement between the parties. The applicants were Mr Jess Jnr, Mr Ban, and GGG Pty Ltd, while the respondents were Ms Jess, Mr Jess Snr in his capacity as the legal personal representative of the late Mr Jess Snr, and PPP Investments Pty Ltd. The applicants sought to appeal the orders setting aside property settlement orders made consensually between the parties. The legal issues before the court were whether the primary judge erred in finding that all parties to the proceedings in which the order was made consented and whether the applicants were "other persons interested" within the meaning of s 79A(2) of the Family Law Act 1975 (Cth). The court held that the primary judge did not err in finding that all parties to the proceedings in which the order was made consented. The court also held that the applicants were not "other persons interested" within the meaning of s 79A(2) of the Family Law Act 1975 (Cth). The court further held that the applicants should have been regarded as interested persons entitled to be heard, but no substantial injustice would flow if leave was not to be granted since the applicants will be able to defend substantial proceedings against them. Therefore, leave to appeal was refused, and the applicant was to pay the costs of the first respondent in a fixed sum. The cross-appeal brought by the trustees of the bankrupt estate of the deceased husband on a conditional basis was also dismissed as leave to appeal was dismissed.