Rapuano v Karydis-Frisan
Case
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[2013] SASCFC 8
•28 February 2013
Details
AGLC
Case
Decision Date
Rapuano v Karydis-Frisan [2013] SASCFC 8
[2013] SASCFC 8
28 February 2013
CaseChat Overview and Summary
The Full Court of the Supreme Court of South Australia heard an appeal concerning an application for leave to appeal. The dispute arose from a decision of a single judge of the Supreme Court.
The primary legal issue before the Full Court was whether leave to appeal should be granted against the single judge's decision. This required the Court to consider the principles governing the grant of leave to appeal in South Australia.
The Court applied the established principles for granting leave to appeal, which generally require demonstrating an arguable or substantial point of law or fact, or that the appeal has a real prospect of success. After considering the arguments presented, the Full Court determined that leave to appeal should not be granted in this instance.
Consequently, the application for leave to appeal was dismissed.
The primary legal issue before the Full Court was whether leave to appeal should be granted against the single judge's decision. This required the Court to consider the principles governing the grant of leave to appeal in South Australia.
The Court applied the established principles for granting leave to appeal, which generally require demonstrating an arguable or substantial point of law or fact, or that the appeal has a real prospect of success. After considering the arguments presented, the Full Court determined that leave to appeal should not be granted in this instance.
Consequently, the application for leave to appeal was dismissed.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
Legal Concepts
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Appeal
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Jurisdiction
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Costs
Actions
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Citations
Rapuano v Karydis-Frisan [2013] SASCFC 8
Most Recent Citation
Parabanks Shopping Centre Pty Ltd v Brine (No 2) [2014] SADC 146
Cases Citing This Decision
2
Rapuano (t/as RAPS Electrical) v Karydis-Frisan
[2013] SASCFC 93
Parabanks Shopping Centre Pty Ltd v Brine (No 2)
[2014] SADC 146
Cases Cited
1
Statutory Material Cited
0
Rapuano T/A Raps Electrical v Karydis-Frisan (No 2)
[2012] SADC 177