KGS v GMS

The applicant, KGS, sought to appeal a decision to the South Australian Civil and Administrative Tribunal (SACAT). The respondent was GMS. The core of the dispute revolved around KGS's failure to comply with the Tribunal's Rules of Court in its Notice of Appeal.

The primary legal issue before the court was whether SACAT had the power to strike out KGS's Notice of Appeal due to fundamental non-compliance with the Uniform Civil Rules 2020 (SA), particularly after KGS had been afforded an opportunity to rectify the defects.

Acting Livesey Ex Tempore CJ determined that a fundamental failure to comply with the Rules of Court had occurred. The court found that KGS had been given an opportunity to remedy the defective Notice of Appeal but had not done so. Consequently, the court exercised its power under r 212.5(2)(b) of the Uniform Civil Rules 2020 (SA) to strike out the Notice of Appeal.

The Notice of Appeal dated 16 June 2024 was accordingly struck out.