Dal Piva v Overland Corner Station Pty Ltd & Bruno Mitolo No 2 No. Scciv-02-296
[2003] SASC 189
•5 June 2003
DAL PIVA v OVERLAND CORNER STATION PTY LTD & BRUNO MITOLO
[2003] SASC 189
Application for Leave to Appeal
GRAY J This is an application for leave to appeal pursuant to rule 94.01(1)(b)(i) of the Supreme Court Rules.
On 23 May 2003 I allowed an appeal against sentence[1]. The defendants, the respondents to the appeal, Overland Corner Pty Ltd and Bruno Mitolo, had been convicted by a magistrate following a trial and fines imposed. I set aside the sentences and remitted for reconsideration of the issue of penalty.
[1] Dal Piva v Overland Corner [2003] SASC 141
On the hearing of the application for leave to appeal I heard from both the applicants for leave and the Crown.
The court’s practice has been to grant leave to appeal only if a matter of general principle arises. Usually the court considers also whether there is reason to doubt the correctness of the decision under consideration. It’s been said that, in the end, the court must act as the interests of justice may require.[2]
[2] Stokolosa v Weeks & Peacock Quality Homes [2000] SASC 334
I do not consider that the applicants have made out a case for leave in accordance with these principles and I refuse leave to appeal.
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