Dal Piva v Overland Corner Station Pty Ltd & Bruno Mitolo No 2 No. Scciv-02-296

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.

CaseChat Overview and Summary

Dal Piva has applied for leave to appeal a decision relating to fines imposed on Overland Corner Station Pty Ltd and Bruno Mitolo. The applicants are seeking to challenge a ruling that set aside the fines and remitted the matter for reconsideration of the penalty. The application was heard by Gray J in the Supreme Court of South Australia.

The primary legal issue before the court was whether the applicants had demonstrated a matter of general principle or reason to doubt the correctness of the original decision. The court's practice is to only grant leave to appeal if such matters are present. The applicants must show that the appeal would serve the interests of justice.

Gray J found that the applicants had not made out a case for leave to appeal in accordance with these principles. The court considered that there was no matter of general principle or sufficient reason to doubt the correctness of the original decision. Therefore, Gray J refused the application for leave to appeal.

No further orders were made. The applicants' appeal against the fines imposed on Overland Corner Station Pty Ltd and Bruno Mitolo was not permitted to proceed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established