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

This matter concerned an application by Allan Paul Endresz for leave to issue or file a document entitled "Ex parte Application Seeking Leave to Set Aside Interlocutory Order and to Issue or File Writ of Summons". This application followed a previous refusal by Gageler J to grant leave to file a writ of summons, which sought declarations that judgments obtained by the Commonwealth against Mr Endresz were void due to alleged deficiencies in the Commonwealth's pleadings. Mr Endresz's prior attempts to challenge these judgments, including an appeal struck out for want of prosecution and an application to set aside the judgment, had been unsuccessful.

The legal issues before the court were whether leave should be granted to file the proposed application, which sought to set aside Gageler J's earlier order refusing leave to file the writ of summons. Mr Endresz contended that Gageler J had erred in exercising jurisdiction, arguing that Rule 6.07.2 of the High Court Rules 2004 (Cth) was beyond the Parliament's power to enact and impeded his constitutional right to engage the High Court in its original jurisdiction under Section 75(iii) of the Constitution.

The court found that the grounds of the proposed application were misconceived and that the application itself was incompetent. It was held that an order of a Justice refusing an application for leave under Rule 6.07.3, while appealable by leave, could not be set aside by an ex parte application of the nature filed by Mr Endresz. Consequently, the application for leave to issue or file the proposed application was refused.