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

[2018] HCATrans 212

[2018] HCATrans 212

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Perth   No P48 of 2018

In the matter of -

an application by JERROD JAMES CONOMY for leave to issue or file

KEANE J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 17 OCTOBER 2018, AT 9.34 AM

Copyright in the High Court of Australia

HIS HONOUR:   For reasons that I now publish, I refuse this application.  I instruct that the reasons, as published, are incorporated into the transcript.

On 12 October 2016 the applicant’s application for special leave to appeal in matter number P19 of 2016 was dismissed by Bell and Gageler JJ.

On 21 September 2018, the applicant made an ex parte application in matter number P48 of 2018 for leave to file a summons and supporting affidavit with a view to advancing an attempt on his part to re‑agitate the issues resolved by the dismissal of his application in P19 of 2016. Leave is necessary in this regard by reason of a direction made on 17 September 2018 by Bell J pursuant to r 6.07 of the High Court Rules 2004 (Cth).

No good reason has been shown to allow the summons and supporting affidavit to be filed.  Indeed, insofar as it is sought to advance the applicant’s attempt to re‑agitate the matters determined by the decision of the Court in P19 of 2016, the applicant is engaged in an exercise in futility.

Accordingly, leave is refused.  Application P48 of 2018 is dismissed.

The Court will now adjourn.

AT 9.34 AM THE MATTER WAS CONCLUDED