Re Sinanovic's Application [2001] HCA 40

Re Sinanovic's Application [2001] HCA 40

No exceptional or new circumstances were demonstrated; all points sought to be reargued had been considered in the original special leave hearing; accordingly, the application to file new process and reopen was refused.

Parties
Applicant: Hakija Sinanovic; Respondent: Crown
Jurisdiction
Australia
Judgment Date
11 July 2001
Procedural Posture
Application / Application for Leave to Issue a Proceeding / Application to Reopen Special Leave Application
Outcome
application refused
Legal Topics
Special Leave Application, Reopening of Interlocutory Orders, Finality of Proceedings, Misdirection, Retrial, Change of Circumstances
Criminal Law Appellate Procedure Special Leave Application Reopening of Interlocutory Orders Finality of Proceedings Misdirection Retrial Change of Circumstances

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 19 Party arguments 2
Sign in to unlock

Parties

Hakija Sinanovic

Applicant

Crown

Respondent

Procedural Posture

Application / Application for Leave to Issue a Proceeding / Application to Reopen Special Leave Application

Legal Issues

  1. 1 Whether exceptional circumstances are demonstrated to justify reopening a refused special leave application
  2. 2 Whether there has been a change of circumstances warranting reopening
  3. 3 Whether the grounds proposed were previously argued and considered in the original special leave hearing

Ratio Decidendi

No exceptional or new circumstances were demonstrated; all points sought to be reargued had been considered in the original special leave hearing; accordingly, the application to file new process and reopen was refused.

Court Disposition

application refused

Orders

  • application for leave to file new process is refused