Even where a primary judge's denial of jurisdiction is attended by sufficient doubt, leave to appeal may be refused where the proposed proceedings are foredoomed to fail on multiple independent grounds including lack of standing, absence of factual basis, unexplained delay, and failure to pursue available statutory remedies. A refusal to grant leave to file a particular document under O 67 r 5 does not preclude the filing of a different originating process that does not contain the same defects.
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