A
B
C'
D
E
لتا
F
G
H
submission would attach to it. The phrase should be given its ordinary meaning. The grounds of an application include those facts upon which the court is asked to base the decision which the court is asked to make, namely, that the detention is unlawful, or that in the exercise of its discretion under the Act of 1967 the applicant should be discharged from that detention. This construction of the phrase will not permit the process of return under the Act of 1967 to be improperly prolonged because, as has been stated, the court would not permit an applicant to hold back, and not use, ground of application which was fairly available to him on his initial application and then claim to put forward that ground on a second application."
With regard to fresh evidence the judge earlier stated:
".... in section 14 (2) of the Administration of Justice Act 1960 in the phrase 'no such application shall again be made ... on the same grounds
unless fresh
evidence is adduced in support of the application;' the words 'fresh evidence' are used in that meaning which is well known and established in such contexts, namely, not merely evidence additional to or different from the evidence before the court on the first occasion, but evidence which the applicant could not have put forward on the first application, or which he could not then reasonably be expected to have put forward".
In considering the terms of section 14 (2) of the 1960
Act, it is important to appreciate that it does no more than
allow successive applications if its requirements are
fulfilled.
It does not exclude the jurisdiction of the court
to exercise its inherent control over its own procedures so
as, in particular, to prevent those procedures being used in a
manner which amounts to abuse of process or in a manner which
is vexatious. As in the case of other proceedings. the court
retains its right, in appropriate cases, to strike out the
proceedings.
So far as abuse of process is concerned, that is a term
which can be used to refer to different features of the
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