DAVIES v Chicago Boot Company P/L

[2006] SASC 329

SUPREME COURT OF SOUTH AUSTRALIA

(Full Court: Leave to Appeal in Private)

In the Matter of HARRIS SCARFE LTD (RECEIVERS & MANAGERS APPOINTED) (IN LIQ)

DAVIES & ANOR v CHICAGO BOOT COMPANY P/L

[2006] SASC 329

Ruling of The Full Court

(The Honourable Justice Gray, The Honourable Justice Sulan and The Honourable Justice Anderson)

27 October 2006

APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE

Appeal - application for leave to appeal in private - leave granted

DAVIES & ANOR v CHICAGO BOOT COMPANY P/L
[2006] SASC 329

Full Court        Gray, Sulan and Anderson JJ

THE COURT:

1. This is an application for leave to appeal from an order made by a Judge of this Court.  The learned Judge allowed an appeal from a Master and granted unconditional leave to the defendant to amend its defence.

2. The application was considered in private on the papers.  The Court is of the opinion that leave to appeal should be granted.  Issues of general importance arise.  The interests of justice call for a grant of leave.

3. The order of the Court is as follows – leave to appeal to the Full Court of the Supreme Court from the whole of the judgment of the learned Judge of 18 August 2006 wherein the Judge ordered:

   The appeal be allowed.

   The order of the Master made on 30 May 2006 appealed against be set aside and in lieu thereof order that the Defendant have leave to amend its defence in accordance with exhibit SMM20 to the affidavit of Samuel Michael McGrath sworn herein on 17 March 2006.

   The Plaintiffs application that the Defendant’s application be granted on terms that the Plaintiffs be permitted to amend the statement of claim be dismissed.

   The Plaintiffs pay the Defendant’s costs of and incidental to this appeal.