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

Case

[2018] HCATrans 45


Details
AGLC Case Decision Date
Conomy, In the matter of an application for leave to issue or file [2018] HCATrans 45 [2018] HCATrans 45

CaseChat Overview and Summary

Jerrod James Conomy applied to the High Court of Australia for leave to issue or file a summons. This application followed a direction by Justice Edelman on 22 November 2017, made pursuant to rule 6.07.2 of the High Court Rules 2004 (Cth), which stipulated that the applicant's summons could not be issued or filed without obtaining the leave of a Justice. The applicant subsequently made the required application for leave on 13 December 2017.

The sole legal issue before the Court was whether to grant the applicant leave to issue or file the summons, given the prior direction by Justice Edelman.

The Court, in its published reasons, refused the application for leave. While the specific grounds for this refusal are not detailed in the provided transcript, the decision indicates that the Court exercised its discretion under rule 6.07.2 of the High Court Rules 2004 (Cth) to deny the applicant permission to proceed with issuing or filing the summons. The order of the Court was that the application for leave be refused.
Details

Areas of Law

  • Civil Procedure

Legal Concepts

  • Jurisdiction

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