High Court of Australia

Re Golding [2020] HCA 38

21 Oct 2020

Case Number: B35/2020

Before

NETTLE J

Catchwords

High Court – Appellate jurisdiction – Application for special leave to appeal – Abuse of process – Where applicant applied for special leave to appeal – Where applicant previously made application for special leave to appeal – Where previous application for special leave refused – Where substance of subsequent application for special leave substantially identical to substance of previous application for special leave – Where no exceptional circumstances identified in subsequent application explaining failure to raise novel issues in previous application – Whether subsequent application for special leave an abuse of process.

Words and phrases – "abuse of process", "application for special leave to appeal", "compelling explanation or circumstance", "exceptional circumstance", "interlocutory application", "res judicata", "same subject matter", "special leave".

Federal Court of Australia Act 1976 (Cth) – ss 24(1A), 25(2).

Judiciary Act 1903 (Cth) – ss 21(1), 34(2), 35(2).

High Court Rules 2004 (Cth) – rr 6. 07, 13. 03.
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