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

This matter concerned an application by Irwin Gomez for leave to issue or file a writ of summons in the original jurisdiction of the High Court of Australia. The application sought declaratory relief and challenged previous decisions by Justices Keane and Gordon, which had dismissed similar applications as an abuse of process. These earlier dismissals were themselves related to the Court's refusal to grant Mr. Gomez special leave to appeal a judgment from Moshinsky J.

The central legal issue before the Court was whether Mr. Gomez's current application for leave to issue or file a writ of summons was an abuse of process and vexatious, warranting dismissal. Mr. Gomez contended that the conditions for special leave to appeal were not applicable to applications brought in the Court's original jurisdiction and that the prior special leave disposition had not addressed jurisdictional error.

The Court dismissed the application under rule 13.03.1 of the High Court Rules 2004 (Cth). The reasoning mirrored that in a related matter (M86 of 2019), finding no arguable basis for the application. The Court concluded that the application was vexatious and an abuse of process, noting that persistent attempts to relitigate the same subject matter could be characterised as vexatious. The Court indicated that the point had been reached where consideration of making a vexatious proceedings order under section 77RN of the Judiciary Act 1903 (Cth) was appropriate.