Moore-McQuillan v WorkCover Corporation of South Australia
Case
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[2017] SASCFC 113
•22 September 2017
Details
AGLC
Case
Decision Date
Moore-McQuillan v WorkCover Corporation of South Australia [2017] SASCFC 113
[2017] SASCFC 113
22 September 2017
CaseChat Overview and Summary
The Full Court of the Supreme Court of South Australia heard an appeal brought by Mr Moore-McQuillan against a decision of a single judge. The dispute concerned Mr Moore-McQuillan's assertion that sheriffs had obstructed his access to the courtroom, and the judge's refusal to permit him to re-open his case.
The primary legal issues before the Full Court were whether the primary judge erred in finding that there was no obstruction of Mr Moore-McQuillan's access to the courtroom, and whether the judge was correct in refusing permission to re-open the case, given the appellant's history of failing to file material upon which he wished to rely.
The Full Court, comprising Kourakis CJ, Peek J, and Bampton J, dismissed the appeal. The Chief Justice found that Mr Moore-McQuillan had failed to adduce any evidence on appeal to demonstrate that the primary judge had erred in their findings regarding the alleged obstruction by sheriffs. Furthermore, no error was shown in the judge's reasoning for refusing to allow Mr Moore-McQuillan to re-open his case, particularly in light of his consistent refusal to file relevant material. Peek J and Bampton J agreed with the Chief Justice's reasons.
The primary legal issues before the Full Court were whether the primary judge erred in finding that there was no obstruction of Mr Moore-McQuillan's access to the courtroom, and whether the judge was correct in refusing permission to re-open the case, given the appellant's history of failing to file material upon which he wished to rely.
The Full Court, comprising Kourakis CJ, Peek J, and Bampton J, dismissed the appeal. The Chief Justice found that Mr Moore-McQuillan had failed to adduce any evidence on appeal to demonstrate that the primary judge had erred in their findings regarding the alleged obstruction by sheriffs. Furthermore, no error was shown in the judge's reasoning for refusing to allow Mr Moore-McQuillan to re-open his case, particularly in light of his consistent refusal to file relevant material. Peek J and Bampton J agreed with the Chief Justice's reasons.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
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Administrative Law
Legal Concepts
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Appeal
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Judicial Review
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Procedural Fairness
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Standing
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Cases Citing This Decision
0
Cases Cited
1
Statutory Material Cited
1
WorkCover Corporation of South Australia v Moore-McQuillan
[2016] SASC 191