Diemould Tooling Svcs P/L v Oaten & Santos v Markos

[2007] SASC 400

SUPREME COURT OF SOUTH AUSTRALIA

(Full Court: Permission to Appeal in Private)

DIEMOULD TOOLING SVCS P/L v OATEN & SANTOS v MARKOS

[2007] SASC 400

Judgment of The Full Court

(The Honourable Justice Duggan, The Honourable Justice Bleby and The Honourable Justice Layton)

13 November 2007

APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - RIGHT OF APPEAL

Application to Full Court for permission to appeal in private - permission granted.

Occupational Health Safety and Welfare Act 1986 s 19, s 22(2); Dangerous Substances Act 1979 s 12(2)(2)(a), referred to.

DIEMOULD TOOLING SVCS P/L v OATEN & SANTOS v MARKOS
[2007] SASC 400

Applications for permission to appeal

FULL COURT:  Duggan, Bleby and Layton JJ

1. THE COURT:      These are applications for permission to appeal to the Full Court of the Supreme Court.

2. The two matters which are the subject of the applications involve common legal issues.  These issues were addressed in a decision of the Full Court of the Industrial Relations Court following a referral of questions of law to that Court[1].

   [1]    [2007] SAIRC 44.

3. The applicants have been charged with failing to maintain standards of safety contrary to the Occupational Health Safety and Welfare Act 1986 and the Dangerous Substances Act 1979.

4. A preliminary issue has arisen as to whether the charges laid against the applicants are bad for duplicity.

5. The applications were considered in private on the papers.

6. The issues raised in the two cases concern matters of general principle about which conflicting views have been expressed in judgments in other jurisdictions.

7. In the light of these considerations the Court orders that permission be granted to the applicants to appeal to the Full Court of the Supreme Court.