Martires v Endura Paint Pty Ltd (No 2)

The applicants in this case sought judicial review of a decision made by the Federal Circuit Court of Australia. The applicants were contesting the decision of the Federal Circuit Court which had granted leave to the respondent to appeal the primary judge's decision. The Federal Circuit Court of Australia was the lower court that had made the decision to grant leave to appeal. This appeal was already on foot, and the applicants argued that the Federal Circuit Court had erred in granting the leave to appeal.

The primary legal issue that the court had to decide was whether the Federal Circuit Court's decision to grant leave to appeal was an error of law or otherwise outside the scope of its jurisdiction. The applicants argued that the Federal Circuit Court had misused the judicial review process as an alternative to the appeal process. The court had to consider whether the Federal Circuit Court's decision was within its jurisdiction and whether the applicants had standing to bring the application for judicial review.

The court found that the applicants did not have standing to bring the application for judicial review because the appeal had already been granted. The court held that there was no decision to which certiorari could apply because the decision to grant leave to appeal was already on foot. The court dismissed the application and ordered the parties to file and serve any written submissions on the costs of the application on or before certain dates. Any question of costs arising on such submissions would be dealt with on the papers.

The court dismissed the application and ordered the parties to file and serve any written submissions on the costs of the application on or before certain dates. The court also held that any question of costs arising on such submissions would be dealt with on the papers. The court's decision was based on the fact that the appeal had already been granted, and there was no decision to which certiorari could apply. The applicants did not have standing to bring the application for judicial review.