Re Golding [2020] HCA 38

Re Golding [2020] HCA 38

In the absence of exceptional or compelling circumstances, a second application for special leave to appeal traversing substantially the same subject matter as a first, dismissed application is an abuse of process. The minor changes and explanations offered by the applicant did not justify the reopening of the matter.

Parties
Applicant: Simon Golding
Jurisdiction
Australia
Judgment Date
21 October 2020
Procedural Posture
Application for Special Leave to Appeal / Application for Leave to Issue or File—second Application
Outcome
Application dismissed
Legal Topics
Special Leave to Appeal, Abuse of Process, Extension of Time, Right to Silence, Compulsory Examination, Res Judicata
Criminal Law Appellate Procedure Special Leave to Appeal Abuse of Process Extension of Time Right to Silence Compulsory Examination Res Judicata

Case Brief

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Parties

Simon Golding

Applicant

Procedural Posture

Application for Special Leave to Appeal / Application for Leave to Issue or File—second Application

Legal Issues

  1. 1 Whether a second application for special leave to appeal on substantially the same grounds as a previous, dismissed application, is an abuse of process
  2. 2 Whether the applicant’s new or restated grounds justify reopening the matter

Ratio Decidendi

In the absence of exceptional or compelling circumstances, a second application for special leave to appeal traversing substantially the same subject matter as a first, dismissed application is an abuse of process. The minor changes and explanations offered by the applicant did not justify the reopening of the matter.

Court Disposition

Application dismissed

Orders

  • The application is dismissed pursuant to r 13.03.1 of the High Court Rules 2004 (Cth).