Popovic & Ors v Tanasijevic & Ors (No 4) No. Scgrg-96-279 Judgment No. S351

In the matter of Popovic & Ors v Tanasijevic & Ors (No 4), the Supreme Court of South Australia considered the defendants' submission of no case to answer. The defendants argued that the plaintiffs lacked standing to pursue the claims due to their alleged lack of membership in the Serbian Community Welfare Association of South Australia (SCWA). The court found the situation to be complex, involving numerous intertwined factual and legal issues that required a thorough review of the evidence. The court concluded that it was inappropriate to make final findings of fact or law on the no case submission without first determining whether the defendants would call no evidence. The court noted that the issues were inextricably linked, making it inconsistent with published authority to consider individual parties or causes of action in isolation at that stage. The court proposed to refrain from making any concluded findings until the defendants elected to call no evidence.