Re Carmody;

HIGH COURT OF AUSTRALIAGUMMOW, HAYNE AND CALLINAN JJRE MICHAEL CARMODY (in his capacityas Commissioner of Taxation for the Commonwealth of Australia) & ORS   RESPONDENTSEX PARTE MICHAEL JOHN GLENNAN  APPLICANTRe Carmody; Ex parte Glennan[2003] HCA 3217 June 2003S457/2002ORDER1.Notices of Motion respectively dated 5 May 2003 and 22 May 2003 dismissed with costs.2.        Application dismissed with costs.Representation:J D Harris SC for the applicant (instructed by Higgins Solicitors)D B McGovern SC with A J O'Brien for the first respondent (instructed by Australian Government Solicitor)No appearance for the second respondentsNotice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSRe Carmody; Ex parte GlennanPractice and procedure – High Court of Australia – Decision of single Justice – Application for leave to appeal discontinued – Whether collateral relief available pursuant to s 75(v) of the Constitution.Constitution, s 75(v).Judiciary Act 1903 (Cth), s 34.GUMMOW, HAYNE AND CALLINAN JJ.   The argument on this motion for orders absolute in the first instance was heard pursuant to an order dated 10 February 2003 with the appeal in Glennan v Commissioner of Taxation[1].  What follows should be read with the reasons for judgment in that case.[1][2003] HCA 31.On 27 June 2000, Kirby J dismissed an application for an order nisi for prohibition and mandamus and the grant of ancillary relief by way of certiorari and an order for extension of time made by Mr Glennan against the Commissioner of Taxation ("the Commissioner") and the judges of the Federal Court...