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

Case

[2018] HCATrans 212


Details
AGLC Case Decision Date
Conomy, In the matter of an application for leave to issue or file [2018] HCATrans 212 [2018] HCATrans 212

CaseChat Overview and Summary

Jerrod James Conomy applied to the High Court of Australia for leave to issue or file a summons and supporting affidavit. This application followed the dismissal of his earlier application for special leave to appeal in a related matter by Bell and Gageler JJ on 12 October 2016. The current application, made ex parte, sought to re-agitate the issues that had been resolved by the previous dismissal.

The central legal issue before the Court was whether to grant leave to file the summons and affidavit, which was required by a direction made by Bell J pursuant to rule 6.07 of the High Court Rules 2004 (Cth). This leave was sought to enable the applicant to pursue a renewed attempt to challenge the matters already determined by the Court.

The Court reasoned that no good reason had been demonstrated to permit the filing of the documents. It concluded that any attempt by the applicant to re-agitate the issues resolved in the prior proceeding was an exercise in futility. Consequently, the Court refused the application for leave. The application, numbered P48 of 2018, was dismissed.
Details

Areas of Law

  • Civil Procedure

Legal Concepts

  • Jurisdiction

  • Res Judicata

  • Abuse of Process

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Most Recent Citation
High Court Bulletin [2018] HCAB 10

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High Court Bulletin [2018] HCAB 10
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