Lane v Channel 7 Adelaide Pty Ltd

This case involves Simon Thomas Lane and another as plaintiffs against Channel 7 Adelaide Pty Ltd as the defendant. The dispute revolves around the defendant's application for leave to appeal to the Full Court against a decision of Prior J, which dismissed the defendant's appeal from a decision of a Master. The plaintiffs sought to rescind the grant of leave to appeal, or alternatively, that leave should be granted on terms as to costs. The Full Court was required to determine whether the defendant had made full disclosure when making the ex parte application for leave to appeal and, if not, the consequences of such failure.

The court found that the defendant had failed to disclose two material facts in the ex parte application for leave to appeal. Firstly, Prior J had raised the possibility of referring the appeal to the Full Court, which could have avoided the costs associated with two appeals. Secondly, Prior J had warned the defendant that if the defendant should fail before the Judge, as it did, or as to the terms of leave, a failure to accept the invitation to refer the appeal to the Full Court would be relevant. The Full Court concluded that the failure to disclose these facts warranted reconsidering the terms on which leave to appeal should be granted. The grant of leave should be on terms as to costs, and the defendant should not seek to disturb the order for costs made against it by Prior J. However, the Full Court did not accept the plaintiffs' contention that, if the defendant should succeed on the appeal to the Full Court, all of the orders for costs in the courts below should not be disturbed.

The Full Court varied the order made on 22 December 2003 to make it a term of the order that the defendant would not seek to disturb the order for costs made by Prior J on 28 November 2003. Alternatively, the defendant could give an undertaking to that effect. The defendant was also ordered to pay the plaintiffs' costs of the application.