Brown v Dream Homes SA Pty Ltd (ACN 063 490 031)

[2008] SASC 147

SUPREME COURT OF SOUTH AUSTRALIA

(Full Court: Permission to Appeal in Private)

BROWN v DREAM HOMES SA PTY LTD (ACN 063 490 031)

[2008] SASC 147

Judgment of The Full Court

(The Honourable Chief Justice Doyle, The Honourable Justice Gray and The Honourable Justice Vanstone)

5 June 2008

APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - WHEN APPEAL LIES - BY LEAVE OF COURT - GENERALLY

Application for permission to appeal in private pursuant to r 285(1)(a) of the Supreme Court Civil Rules 2006 – permission to appeal required by section 50(4)(a)(ii) of the Supreme Court Act 1935 (SA) – appeal from decision of single Judge to dismiss appeal in respect of decision of Magistrate upholding the respondent’s contention that there had been no breach of duty of care to the appellant – permission to appeal granted.

Supreme Court Act 1935 (SA) 50(4)(a)(ii); Supreme Court Civil Rules 285(1)(a), 291, referred to.

BROWN v DREAM HOMES SA PTY LTD (ACN 063 490 031)
[2008] SASC 147

Full Court:  Doyle CJ, Gray and Vanstone JJ

1. THE COURT:       This is an application for permission to appeal to the Full Court.  The application is made under r 285(1)(a) of the Supreme Court Civil Rules 2006.

2. Permission to appeal is required by s 50(4)(a)(ii) of the Supreme Court Act 1935 (SA), because the proposed appeal is from a judgment given by a single Judge of this Court on appeal from a judgment of the Magistrates Court.

3. The Court has proceeded under r 291 of the Supreme Court Rules, and in particular under r 291(3)(a) of those Rules.

4. The Court has considered the reasons of the single Judge, the applicant’s summary of argument and the notice of appeal that has been filed.

5. The order of the Court is that permission to appeal be granted.

6. The Court directs that the parties be notified of this decision.