Atkins v The State of South Australia

The Honourable President Livesey and the Honourable Justice Bleby of the Full Court of the Supreme Court of South Australia considered an application for leave to appeal in the matter of *Atkins v The State of South Australia*. The dispute concerned the dismissal of an appeal before a single judge, which the applicant, Mr Atkins, sought to challenge.

The central legal issue before the Full Court was whether Mr Atkins had standing to bring his claim and, consequently, whether leave to appeal should be granted. The Court also considered the effect of Mr Atkins' prior consent to the dismissal of the appeal before the single judge.

The Court reasoned that there was no evidence before the Master or the single judge on appeal that supported Mr Atkins' contention that he had standing to bring the claim. Furthermore, the Court noted that Mr Atkins had consented to the dismissal of the appeal before the single judge. In light of these factors, the Court concluded that any grant of leave to appeal would be futile.

Accordingly, the Full Court refused leave to appeal and ordered that the applicant pay the respondent’s costs of the application in the amount of $1,500.