Khoo v Bartholomaeus

The Full Court of the Supreme Court of South Australia heard an appeal concerning an application for leave to appeal against an order made by a single judge. The dispute involved an application for an extension of time to file a notice of appeal, which had been refused by the primary judge.

The central legal issue before the Full Court was whether it had the power to grant leave to appeal against the single judge's refusal to extend time for filing a notice of appeal. This required the court to consider the relevant provisions of the *Supreme Court Civil Rules 1999* (SA) and the principles governing appeals from interlocutory decisions.

The Full Court determined that the refusal of an application for an extension of time to file a notice of appeal was an interlocutory order. Consequently, an appeal against such an order could only be brought with the leave of the court. The court then considered the principles applicable to granting leave to appeal in such circumstances, which generally involve demonstrating that the appeal has a real prospect of success or that there is some other reason of such importance as to warrant the granting of leave.

The Full Court ultimately granted leave to appeal and, upon hearing the appeal, set aside the order of the primary judge and granted the applicant an extension of time to file the notice of appeal.