Re Martin

Case

[2005] HCATrans 274

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[2005] HCATrans 274

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry         
  Canberra  No C11 of 2003

In the matter of -

An application for leave to appeal by ANTHONY GILBERT MARTIN

Publication of reasons and pronouncement of orders

HAYNE J
CALLINAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 27 APRIL 2005, AT 4.31 PM

Copyright in the High Court of Australia

HAYNE J:   On 1 July 2003, McHugh J directed the Registrar to refuse to issue or file a notice of motion which the applicant sought to file, without the leave of a Justice first had and obtained.  The notice of motion sought the rehearing of an application for special leave which had been dismissed on 14 September 2001.

The applicant sought leave to issue and file the notice of motion.  On 30 September 2003, Heydon J refused that leave.  The applicant now seeks leave to appeal against that refusal.

There is no reason to doubt the correctness of the decision of Heydon J.

Pursuant to rule 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing the application.  I publish that disposition.

AT 4.32 PM THE MATTER WAS CONCLUDED

Areas of Law

  • Civil Procedure

  • Equity & Trusts

Legal Concepts

  • Appeal

  • Costs

  • Jurisdiction

  • Res Judicata

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