Re Sinanovic's Application

[2001] HCA 40

HIGH COURT OF AUSTRALIA

KIRBY J

IN THE MATTER OF AN APPLICATION BY
HAJIKA SINANOVIC FOR LEAVE TO ISSUE
A PROCEEDING

Re Sinanovic's Application
[2001] HCA 40
Date of Order: 18 May 2001
Date of Publication of Reasons: 11 July 2001
S73/2001

ORDER

Application refused.

Representation:

M A Sinanovic (by leave) for the applicant

S C Kavanagh assisting the Crown (instructed by New South Wales Director of Public Prosecutions Office)

Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Re Sinanovic's Application

High Court Practice - Second special leave application where special leave previously refused - Registrar directed by a Justice to refuse to issue process without leave of a Justice first had and obtained - Application for such leave - Principles governing reopening of special leave application - Nature and purpose of such application - Powers of the High Court to reopen hearing of application - Whether exceptional circumstances established to warrant reopening - Whether change of circumstances shown - Whether ground proposed was argued and considered in original special leave hearing.

Practice and procedure - Interlocutory orders - Reopening of interlocutory determination - High Court practice - Special leave application - Special leave refused - Application to reopen - Principles applicable to reopening - Whether exceptional circumstances demonstrated - Whether change of circumstances shown.

Judiciary Act 1903 (Cth), s 35A.
Crimes Act 1900 (NSW), s 178A.
High Court Rules, O 58 r 4(3), O 69A r 9.

1. KIRBY J.   This is the second time in a week that Hakija Sinanovic (the applicant) has been before this Court.  However, the proceedings today are only distantly connected with the proceedings that were before me earlier.  They involved an application for bail in relation to a special leave hearing yet to be heard by the Court[1].  The applicant was represented on that occasion by counsel.  The applicant is presently in custody serving a sentence of imprisonment.  Today he has not been legally represented.  However, I have allowed his wife to speak for him, having been satisfied that she does so with his knowledge and authority and upon his instructions.

   [1]Sinanovic v The Queen [No 1] (2001) 179 ALR 520.

   Application to reopen a special leave application

2. The present application is for leave to issue proceedings in the Court.  Under O 58 r 4(3) of the High Court Rules, a Justice of the Court, after considering the process filed on behalf of the applicant, directed the Registrar to refuse to issue the process without leave of a Justice first being obtained.  Pursuant to that order the applicant has sought such leave.  The application for that purpose was referred to me.  The Court is empowered to deal with such applications on the papers and commonly that is what occurs.  However, because the applicant is in custody, seeks to challenge a judgment upon which his custody depends, is unrepresented and, according to the affidavit, illiterate and indigent and…