Allco Newsteel Pty Ltd v Remm Construction (SA) Pty Ltd

Allco Newsteel Pty Ltd sought special leave to appeal to the High Court of Australia from an interlocutory order made by the Supreme Court of South Australia, which was upheld by the Full Court. The dispute concerned approximately 6000 tonnes of raw steel owned by Allco, intended for the Remm/Myer project. Allco contended that its ownership of the steel could only be divested under the contract, specifically clause 45, or upon payment.

The High Court was required to determine whether to grant special leave to appeal from an interlocutory order involving mixed questions of fact and law. Further issues included whether an alleged obvious mistake of fact, if it existed, was within the power of the judge at first instance to correct on appeal, and whether the applicant had properly exercised its right of appeal from the last exercise of jurisdiction by the trial judge. Allco argued that the order made was unprecedented and that the High Court should exercise its supervisory jurisdiction over the granting of mandatory interlocutory injunctions.

The applicant's primary submission was that the order made by the Supreme Court was unprecedented and had significant consequences for its rights. Allco acknowledged the interlocutory nature of the matter and framed its submissions in light of relevant High Court authorities, particularly concerning the Court's willingness to grant leave in cases where parties' rights are affected and where supervisory jurisdiction over inferior courts' interlocutory injunctions might be exercised. The applicant also raised the issue of a mistake of fact, which had been brought to the attention of the judge at first instance after the matter had been before the Full Court.