Agapis, In the matter of an application for leave to issue or file

This matter concerned an application by Mr Raoul Agapis to the High Court of Australia for leave to issue or file an application for constitutional or other writs. Mr Agapis sought relief in relation to a Federal Court decision of 26 September 2014, which prohibited him from instituting proceedings in that court, and a decision of the Administrative Appeals Tribunal of 28 March 2013, which affirmed the refusal of his application for a plumbing licence. These matters had previously been the subject of an application to the High Court in 2015, which was dismissed.

The legal issues before the High Court were whether to grant Mr Agapis leave to issue or file a further application for constitutional and other relief concerning the aforementioned decisions, as well as the 2015 High Court decision. This application required a significant extension of time, and a Justice of the High Court had previously directed the Registrar to refuse to issue or file the application without leave.

The Court reasoned that the proposed application sought to relitigate issues that had already been finally determined and was unjustifiably vexatious and oppressive. The Court noted that to the extent the relief sought involved constitutional writs of certiorari or mandamus in relation to a High Court decision, there was no jurisdiction to grant such relief. Consequently, the Court concluded that the application for which Mr Agapis sought leave to issue or file constituted an abuse of process.

The application for leave to issue or file was dismissed on the papers, without an oral hearing, pursuant to rule 13.03.1 of the High Court Rules 2004 (Cth).