Commissioner for Consumer Affairs v McMurray

[2016] SASCFC 70

SUPREME COURT OF SOUTH AUSTRALIA

(Full Court: Permission to Appeal in Private)

COMMISSIONER FOR CONSUMER AFFAIRS v MCMURRAY

[2016] SASCFC 70

Judgment of The Full Court

(The Honourable Chief Justice Kourakis, The Honourable Justice Stanley and The Honourable Justice Doyle)

20 June 2016

APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - WHEN APPEAL LIES - FROM DISTRICT COURT

ADMINISTRATIVE LAW - JUDICIAL REVIEW - GENERALLY

Application for permission to appeal to the Full Court of the Supreme Court from a decision of a Judge of the District Court.

The respondent sought to recover $145,000 from the Land Agents Indemnity Fund. He alleged that he paid that sum to bodies which were acting as land agents, who then misappropriated that sum.

The appellant determined that only part of the money was paid by the respondent as a deposit on land. The balance of the money was paid separately as an investment. The appellant determined that in those circumstances the agent was only acting as a land agent in respect of the deposit, and not so acting in respect of the investment. The appellant held that the indemnity fund was only accessible in respect of the deposit.

A Judge of the District Court allowed the appeal, holding that the agent held all the monies acting as a land agent and was entitled to be compensated from the indemnity fund.

The appellant seeks permission to appeal to the Full Court.

Held per the Court:

1.         Permission to appeal granted.

McMurray v Commissioner for Consumer Affairs [2016] SADC 41, considered.

COMMISSIONER FOR CONSUMER AFFAIRS v MCMURRAY
[2016] SASCFC 70

Full Court:  Kourakis CJ, Stanley and Doyle JJ

1. THE COURT:        This is an application for permission to appeal to the Full Court from a decision of a Judge of the District Court.[1]  The Judge allowed an appeal against a decision made by the Commissioner for Consumer Affairs who refused, in large part, the respondent claim against the Land Agents Indemnity Fund.  The proposed appeal raises arguable questions of public importance.

   [1]    McMurray v Commissioner for Consumer Affairs [2016] SADC 41.

2. Permission to appeal is granted.