Where an applicant has already had an application for leave to appeal heard and determined on the merits in the NSWCCA, cogent reasons beyond merely identifying additional arguable grounds must be demonstrated to obtain an extension of time for a second application. The appointment of new lawyers who identify further grounds does not constitute a material change of circumstances. The principle of finality applies with particular force in this context, and the prior refusal of leave is a powerful discretionary factor against granting an extension of time. The failure to raise grounds in the first application does not, without more, constitute incompetence of counsel or a denial of procedural fairness.
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