Markos v Commerical & General Projects Pty Ltd

This matter concerned an application for permission to appeal to the Full Court of the Supreme Court of South Australia. The applicant, Markos, sought leave to appeal against the dismissal by the Full Bench of the Industrial Relations Court of an appeal against the acquittal of the respondent, Commercial & General Projects Pty Ltd, in relation to an industrial law offence.

The central legal issue before the Full Court was whether the Full Bench of the Industrial Relations Court had erred in dismissing the appeal against the respondent's acquittal. This required the Court to consider the evidence presented at the original hearing and the basis upon which the acquittal had been made.

The Full Court observed that key documents, which were crucial to proving the case against the respondent, had not been formally proved in evidence. Given this evidentiary deficiency, the Court found it difficult to reverse the findings that had been made on the limited facts before the original tribunal. Consequently, the application for permission to appeal was refused.