Flowers v Finlayson

This matter concerned an appeal by Mr Flowers against a costs order made by a Tribunal, and a further appeal against the adjudication of that costs order by a Master. Mr Finlayson sought to strike out Mr Flowers’ appeal against the costs order. The Full Court of the Supreme Court of South Australia was required to determine the merits of these appeals and applications.

The legal issues before the Court included whether there was a basis to interfere with the Tribunal's costs order, the utility of Mr Finlayson's application to strike out the costs appeal, the merits of Mr Flowers' appeal against the Master's adjudication of costs, and whether a stay of the Full Court's judgment should be granted. Additionally, the Court considered an application by Mr Flowers for the disqualification of Livesey JA.

The Court, per Doyle and Bleby JJA, reasoned that as the Full Court had previously dismissed Mr Flowers’ substantive appeal, there was no foundation to interfere with the Tribunal’s costs order. Consequently, Mr Finlayson’s application to strike out the costs appeal was dismissed as lacking utility. The Court found no merit in Mr Flowers’ appeal against the Master’s adjudication of costs, nor any basis for a stay of the judgment. The application for disqualification was dismissed as Livesey JA was not a member of the Court for the purposes of the matters before it.

The Court ordered that Mr Flowers’ appeal against the costs order be dismissed, Mr Finlayson’s application to strike out that appeal be dismissed, Mr Flowers’ appeal against the Master’s adjudication of costs be dismissed, and Mr Flowers’ application for a stay and disqualification be dismissed. The parties were to be heard as to the costs of the various matters addressed.