Re Golding [2020] HCA 38 (21 October 2020) (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”.