Markos v Quin Investments Pty Ltd

This matter concerned an application for permission to appeal to the Supreme Court of South Australia against a decision of the Full Court of the Industrial Court. The dispute arose from an explosion at an explosives manufacturing facility operated by the first respondent, Quin Investments Pty Ltd, which resulted in the deaths of three employees and injuries to two others. The first respondent was convicted of an offence under section 9(1) of the *Occupational Health Safety and Welfare Act 1986* (SA), and the second respondent, a responsible officer, was convicted pursuant to section 61(3) of the same Act. The Full Court of the Industrial Court had previously dismissed appeals against these convictions.

The central legal issues before the Supreme Court were whether the application for permission to appeal raised an issue of principle, and whether there was a public interest in the findings made in the matter. Permission to appeal was required under section 191(1)(b) of the *Fair Work Act 1994* (SA).

The Court considered the principles governing appeals by leave, particularly in the context of industrial safety legislation and the role of appellate courts in reviewing findings of fact. The application was ultimately dismissed, as the Court found that no arguable point of principle or sufficient public interest was demonstrated to warrant granting permission to appeal.