Reschke v Trevor Reschke Nominees Pty Ltd

Reschke v Trevor Reschke Nominees Pty Ltd concerned an appeal from a decision of a single judge of the Supreme Court of South Australia. The appellant, Mr. Reschke, sought to appeal against an order made by the primary judge that removed a caveat lodged by him against certain land. The respondent, Trevor Reschke Nominees Pty Ltd, was the registered proprietor of the land.

The central legal issue before the Full Court was whether leave to appeal should be granted against the interlocutory decision of the primary judge to remove the caveat. This required the court to consider the principles governing appeals from interlocutory decisions, particularly in the context of caveat removal proceedings under the Real Property Act 1886 (SA).

The Full Court applied the principles established in *Ponsford v. H.M.S. (Australia) Pty Ltd* and *Johns v. Johns*, which require an appellant seeking leave to appeal an interlocutory decision to demonstrate that the decision is attended by error and that the appeal would have a real prospect of success. The court found that the primary judge had not erred in his application of the law to the facts before him, and that the appellant had failed to establish a sufficient basis for granting leave to appeal. The court noted that the appellant's claim to an equitable interest in the land, which underpinned the caveat, was not sufficiently arguable to warrant further appellate consideration at this stage.

Consequently, the Full Court dismissed the application for leave to appeal.