Re GoldingCitation:[2020] HCA 38Before:Nettle JDate:21 Oct 2020Case Number:B35/2020Read more

The subsequent application for special leave to appeal was an abuse of process as it was substantially identical to a previous application and no exceptional circumstances were identified.

Parties: Applicant: Applicant; Respondent: Respondent
Jurisdiction: Australia
Judgment Date: 21 October 2020
Procedural Posture: Appellate / Application for Special Leave to Appeal
Outcome: Application for special leave to appeal refused as an abuse of process.
Legal Topics: Abuse of Process, Special Leave to Appeal, Res Judicata

Appellate Procedure Abuse of Process Special Leave to Appeal Res Judicata

Case Brief

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Parties

Applicant

Respondent

Procedural Posture

Appellate / Application for Special Leave to Appeal

Legal Issues

1 Whether a subsequent application for special leave to appeal, substantially identical to a previous refused application, constitutes an abuse of process

Ratio Decidendi

The subsequent application for special leave to appeal was an abuse of process as it was substantially identical to a previous application and no exceptional circumstances were identified.

Court Disposition

Application for special leave to appeal refused as an abuse of process.

Orders

Application for special leave to appeal refused.