Conomy, In the matter of an ex parte application for leave to issue or file a document

This matter concerned an ex parte application by Jerrod James Conomy for leave to issue or file further documents in a proceeding before the High Court of Australia. The applicant sought to reinstate an application for special leave to appeal from a decision of the Court of Appeal of the Supreme Court of Western Australia, which had previously been deemed abandoned and subsequently applications for reinstatement had been dismissed by Nettle J and Gordon J. Nettle J had also ordered that the Registrar refuse to issue or file any further documents without leave.

The legal issue before the Court was whether leave should be granted to the applicant to issue or file the further documents, which sought the reinstatement of his application for special leave to appeal. The Court was required to determine if the interests of justice necessitated granting such leave.

The Court approached the question on the footing that leave should be granted if the interests of justice required it. However, the Court held that the interests of justice do not favour prolonging proceedings that have no prospect of ultimate success. The Court found that the applicant's application for special leave was bound to fail, as no reason to doubt the correctness of the Court of Appeal's decision was shown, and the further documents did not provide any new grounds. Furthermore, the Court noted that it had no power to receive fresh evidence on an appeal under s 73 of the Constitution, as established in *Mickelberg v The Queen*.

Consequently, the Court was unable to conclude that the interests of justice warranted granting leave to file the further documents, and accordingly, the application for leave was refused.