The purpose of the jurisdiction to reopen is not to provide a backdoor method by which unsuccessful litigants can seek to reargue their cases
Beech-Jones CJ, Hulme J, Campbell J
Rule 5.4 of the Supreme Court (Criminal Appeal) Rules 2021 does not apply to release applications under the Bail Act 2013; the Autodesk test governs reopening of such applications. An applicant seeking to reopen a dismissed bail application must demonstrate a misapprehension of facts or law not attributable to the applicant's own neglect.
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