Heirloom Vineyards Wine Co P/L v Sante Wines P/L

[2017] SASCFC 81

SUPREME COURT OF SOUTH AUSTRALIA

(Full Court: Permission to Appeal in Private)

HEIRLOOM VINEYARDS WINE CO P/L v SANTE WINES P/L

[2017] SASCFC 81

Judgment of The Full Court

(The Honourable Justice Vanstone, The Honourable Justice Stanley and The Honourable Justice Parker)

11 July 2017

APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - WHEN APPEAL LIES - FROM SUPREME COURT - BY LEAVE OF COURT

Application for permission to appeal to the Full Court of the Supreme Court from a decision of a Judge of the Supreme Court, heard in private.

Held (The Court): Permission to appeal is granted.

Sante Wines P/L v Heirloom Vineyards Wine Co P/L & Anor [2017] SASC 65, considered.

HEIRLOOM VINEYARDS WINE CO P/L v SANTE WINES P/L
[2017] SASCFC 81

Full Court:  Vanstone, Stanley and Parker JJ

1. THE COURT:  The Full Court constituted by Vanstone J, Stanley J and Parker J considered in private whether Heirloom Vineyards Wine Company Pty Ltd should be granted permission to appeal against the decision of a single Judge of this Court in Sante Wines P/L v Heirloom Vineyards Wine Co P/L & Anor [2017] SASC 65. The Full Court determined that it was appropriate to grant permission.

2. Permission to appeal is granted.