Pencious and Searle (No 2)

In the matter of *Pencious and Searle (No 2)*, Thornton J of the Federal Court of Australia considered an application for leave to file an Application in a Case and supporting affidavits. The specific nature of the underlying dispute between the parties, Pencious and Searle, is not detailed in the provided text, beyond the fact that it necessitated this interlocutory application.

The central legal issue before the Court was whether the applicants should be granted leave to file their Application in a Case and accompanying affidavits. This required the Court to assess the merits of the application and determine if the circumstances warranted permitting the filing of these documents at that stage of proceedings.

Thornton J dismissed the application for leave. While the precise reasons for this dismissal are not elaborated upon in the provided text, the decision indicates that the Court found insufficient grounds to permit the filing of the Application in a Case and supporting affidavits. The outcome was an order dismissing the application.