In the Matter of An Application BY Jerrod James Conomy for Leave to Appeal

CaseChat Overview and Summary

Jerrod James Conomy applied for leave to appeal a decision of the Supreme Court of South Australia in which the court dismissed his application for a declaration that he had been unlawfully deprived of his liberty. The appeal was dismissed by Nettle J in May 2017. Conomy subsequently sought various interlocutory orders, including an extension of time for filing an application for leave to appeal, but the summons was dismissed by the Supreme Court. Conomy now seeks leave to appeal the dismissal of the summons.

The legal issues in the case included whether Conomy's application for leave to appeal was frivolous or vexatious, and whether the Supreme Court had exercised its discretion in an appropriate manner. The court considered the nature of the relief sought by Conomy and the merits of his case, and found that Nettle J's reasons for dismissing the application were plainly correct. The court also found that the Supreme Court had not exercised its discretion in an inappropriate manner.

The court found that Conomy's application for leave to appeal was frivolous or vexatious, and that the Supreme Court had exercised its discretion in an appropriate manner. The court noted that Conomy's application for a declaration that he had been unlawfully deprived of his liberty was not supported by any evidence, and that the Supreme Court had correctly dismissed the application. The court also found that the Supreme Court had appropriately considered the circumstances of the case, including the fact that Conomy had previously been convicted of perjury in relation to similar claims.

The court dismissed the summons and directed the Registrar to draw up, sign and seal an order dismissing the application.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established