Caruso v Built It Pty Ltd (in liq) (No 2)

Caruso v Built It Pty Ltd (in liq) (No 2) involved an appeal by the appellant against a judgment awarded in the Magistrates Court of South Australia. The respondent, Built It Pty Ltd, had originally filed a claim against the appellant for money owed for building work completed between May 2013 and March 2014. On 14 September 2017, the Magistrate ruled in favour of the respondent, awarding them $33,938.50 plus interest and costs. The appellant subsequently appealed this decision, but the appeal faced complications due to the respondent's liquidation by the Federal Court of Australia on 22 November 2017. The legal issues before the court included whether the appeal was deemed discontinued under r 296(2) of the Supreme Court Civil Rules due to the delay in setting it down for hearing, and whether the appeal was subject to a stay under s 471B of the Corporations Act following the respondent's liquidation.

The court found that the appeal was not automatically discontinued and lapsed under r 296(2) because the appeal was to a single judge, governed by different rules concerning the setting down of appeals. The court also determined that the appeal was not stayed by s 471B of the Corporations Act, as the specific provisions governing appeals to a single judge did not mandate such a stay. Consequently, the court granted leave to the appellant to appeal solely on the issue of the principle to be applied in determining the costs payable concerning the argument about costs and interest, while denying leave on other grounds. The appellant was required to file a compliant notice of appeal within seven days and serve it on the respondent’s solicitor. The court further ordered that the parties would be heard regarding the costs of the interlocutory application.