In the Matter of An Application BY KAZIMIR Kowalski for Leave to Appeal

[2013] HCASL 78

IN THE MATTER OF AN APPLICATION BY KAZIMIR KOWALSKI FOR LEAVE TO APPEAL

[2013] HCASL 78
A36/2012

1. The applicant sought to file a summons for leave to re-open a decision of two Justices of this Court[1].  On 10 September 2012, French CJ made a direction pursuant to r 6.07 that the Registrar refuse to issue or file the applicant's summons without the leave of a Justice of this Court first had and obtained.

   [1]Kowalski v Mitsubishi Motors Australia Ltd [2012] HCASL 103.

2. On 19 September 2012, the applicant filed an ex parte application seeking leave, pursuant to r 6.07, to issue the proceeding to re-open the decision.  That application was refused by a single Justice of this Court (Gageler J) on 7 November 2012.  Gageler J held that the applicant had failed to advance any arguable ground for re-opening the decision.

3. The applicant seeks leave to appeal from the decision of Gageler J.  However, the application does not identify any error of law in that decision.  The applicant has not advanced any question of law that would justify a grant of leave and an appeal to this Court would enjoy no prospects of success.  Leave must be refused.

4. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

S.M. Kiefel
5 June 2013 P.A. Keane