In the Matter of An Application BY David William Kirby
[2020] HCASL 261
IN THE MATTER OF AN APPLICATION BY DAVID WILLIAM KIRBY
[2020] HCASL 261
S94/2020
On 11 June 2020, the applicant applied for special leave to appeal from the judgment and order of the Court of Appeal of the Supreme Court of New South Wales given and made on 12 May 2020. The applicant filed a written application for special leave and, after the respondent filed its response, a written reply. On 8 October 2020, the application was dismissed with costs: Kirby v Dental Council of New South Wales [2020] HCASL 201.
On 11 November 2020, the applicant applied for leave to reopen the application for special leave on the ground that he "was denied the opportunity to be heard on the question of public importance and the interests of the administration of justice which he contends for in the proceedings" referring to DJL v Central Authority (2000) 201 CLR 226 and Autodesk Inc v Dyason [No 2] (1993) 176 CLR 300. The applicant was given an opportunity to be heard by written submissions, and was so heard, upon the matter that he seeks to raise again and it is not otherwise in the interests of justice to grant the leave sought. The applicant identifies no new facts and no reason to suggest that the Court proceeded on a misapprehension as to the facts or the law. Finally, refusal of an application for special leave does not produce a final judgment. The application to reopen is refused.
Pursuant to r 41.08.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application.
M.M Gordon J.J Edelman 3 December 2020
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