Clone Pty Ltd v Players Pty Ltd (In liquidation) (Receivers Appointed)

This case involved an appeal to the Full Court of the Supreme Court of South Australia by Clone Pty Ltd (in liquidation, receivers appointed) against orders made by a trial judge. Players Pty Ltd (in liquidation) was the respondent. The dispute concerned allegations of malpractice, for which Clone accepted legal responsibility for the conduct of its lawyers during the original trial, despite having no direct knowledge of the alleged malpractice.

The primary legal issues before the Full Court were whether to grant permission to appeal to the Commissioner, and whether to allow Clone's appeal against the trial judge's orders. The court was also required to consider the appropriate costs orders, particularly in relation to the Commissioner's participation in the proceedings.

The Full Court allowed Clone's appeal, finding no issue of principle that warranted granting the Commissioner permission to appeal. The court reasoned that while the Commissioner had participated to refute allegations against his staff, their conduct was not central to the application, and therefore, even if successful in defence, he would not have been entitled to an order for costs. The court held that a statutory authority should generally bear its own costs regardless of the outcome. Consequently, the Full Court set aside the trial judge's orders, except for the order concerning the Commissioner's costs, and remitted the matter for the parties to be heard on the costs of the action and the appeal.