KAZIMIR Kowalski v Mitsubishi Motors Australia Ltd

[2012] HCASL 103

KAZIMIR KOWALSKI

v

MITSUBISHI MOTORS AUSTRALIA LTD & ORS

[2012] HCASL 103
A32/2011

1. On 29 March 2012 Gummow and Kiefel JJ directed the Registrar to draw up, sign and seal an order dismissing Mr Kowalski's application for special leave to appeal against the judgment of the Full Court of the Federal Court of Australia (Jacobson, Siopis and Nicholas JJ) made on 8 December 2011 insofar as it concerned the respondents to that application[1].

   [1]Kowalski v Mitsubishi Motors Australia Ltd [2012] HCASL 43.

2. By those orders the Full Court refused to set aside orders of a single judge of the Federal Court (Flick J) refusing Mr Kowalski leave to appeal against orders of Stone J declaring Mr Kowalski to have "habitually, persistently and without reasonable ground instituted vexatious proceedings" against the respondents and precluding him from continuing, or instituting any further, proceedings against the respondents without leave.  The Full Court declared Mr Kowalski's appeals against those orders to be incompetent.

3. Mr Kowalski now applies for leave to reopen the decision of Gummow and Kiefel JJ.  It is convenient to treat the application for leave to reopen as if it were a further application for special leave.

4. No arguable ground for reopening the decision of Gummow and Kiefel JJ is shown.  There is no reason to doubt the correctness of the decision of the Full Court of the Federal Court.

5. Pursuant to r 41.10.5 of the High Court Rules 2004 we direct the Registrar to draw up, sign and seal an order dismissing the application.

K.M. Hayne
15 August 2012 S.M. Crennan