De Mills v South Australian Housing Trust

The appeal concerned a dispute between De Mills and the South Australian Housing Trust. The South Australian Court of Appeal was required to determine whether an appeal lay from a decision of a Master of the Supreme Court to the Full Court of the Supreme Court.

The central legal issue was the interpretation of section 49(1) of the Supreme Court Act 1935 (SA), which governs appeals from decisions of a Master. Specifically, the Court had to consider whether the Master's decision in this instance constituted a "judgment or order" within the meaning of that section, and if so, whether an appeal lay as of right or only by leave of the Court.

The Court reasoned that section 49(1) of the Supreme Court Act 1935 (SA) provides that an appeal lies to the Full Court from any judgment or order of a Master, but only by leave of the Court. The Court held that the Master's decision in this matter was an order made in the course of proceedings, and therefore an appeal from it required leave. The Court further considered the criteria for granting leave, noting that it is not granted as of course and requires a demonstration that the appeal has a real prospect of success or that there are other compelling reasons for granting leave.

The Court dismissed the application for leave to appeal.