Moore-McQuillan v WorkCover No. Scgrg-97-1556 Judgment No. S6919

[1998] SASC 6919

MOORE-McQUILLAN  v  WORKCOVER
[1998] SASC 6919

Full Court:  Doyle CJ, Olsson and Debelle JJ

1. DOYLE CJ.       This is an application to the Full Court for leave to appeal against a decision given by Nyland J on 5 March 1998.

2. After Nyland J gave her decision, an application was made to add another party to the proceedings.  Wicks J dismissed that application.  The Court is now in a position to deal with the application for leave to appeal against the decision of Nyland J.

3. The decision by Nyland J was made under r96.03A of the Supreme Court Rules.  By her decision she refused leave to appeal to the Full Court against a decision of the District Court.

4. The application to the Full Court was made in writing.  It is not entirely clear that the Rules permit a further application to be made.  Be that as it may, the application was considered by the Full Court pursuant to rules 94.02 and 94.03 of the Supreme Court Rules.

5. The application was considered by the Court comprising me, Justice Olsson and Justice Debelle.

6. The Court is of the opinion that the proposed appeal has no reasonably arguable prospects of success.  Accordingly, the Court is unanimously of the opinion that leave to appeal should be refused.

7. The decision of the Court is that leave to appeal be refused.