Bottega Rotolo Pty Ltd v SATURNO'S Colonist Tavern Pty Ltd

[2007] SASC 139

SUPREME COURT OF SOUTH AUSTRALIA

(Full Court: Application)

BOTTEGA ROTOLO PTY LTD v SATURNO'S COLONIST TAVERN PTY LTD & ANOR

[2007] SASC 139

Judgment of The Full Court

(The Honourable Justice Gray, The Honourable Justice Vanstone and The Honourable Justice David)

23 April 2007

APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE

Appeal - application for permission to appeal in private - permission granted.

BOTTEGA ROTOLO PTY LTD v SATURNO'S COLONIST TAVERN PTY LTD & ANOR
[2007] SASC 139

Full Court        Gray, Vanstone and David JJ

THE COURT:

1. This is an application for permission to appeal from a decision of a Judge of the Licensing Court.  The learned Judge dismissed an application for a Special Circumstances Licence.

2. The application was considered in private on the papers.  The Court is of the opinion that leave to appeal should be granted.  Issues of law and mixed fact and law arise.  The interests of justice call for an order granting permission.

3. The order of the Court is that permission be granted to Bottega Rotolo Pty Ltd to appeal to the Full Court of the Supreme Court from the judgment of the Licensing Court of South Australia of 22 December 2006 refusing the application of Bottega Rotolo Pty Ltd for a Special Circumstances Licence for premises at 7 Osmond Terrace, Norwood known as Bottega Rotolo.