JJK v Police (No 2)

The Full Court of the Supreme Court of South Australia heard an appeal concerning the costs of an earlier proceeding. The appellant, JJK, sought to appeal against a decision made by a single judge of the Supreme Court regarding the costs awarded in a previous matter.

The central legal issue before the Full Court was whether it possessed the power to make an order for costs against the appellant in the context of the appeal itself, given the specific circumstances of the case and the relevant rules of court.

The Court considered the inherent jurisdiction of the Supreme Court and the provisions of the Supreme Court Civil Rules 1999 (SA). It was held that the Court had the power to make orders for costs against a party appealing an interlocutory decision, even if that appeal was ultimately dismissed. The Court reasoned that the general power to award costs in interlocutory matters extended to appeals from such decisions, and there was no specific rule or principle that precluded such an order in this instance. The Court noted that the appellant had not been successful in their appeal.

Consequently, the Full Court ordered that the appellant pay the respondent's costs of the appeal.