Rocter Tanks Pty Ltd v Adam No. Scciv-00-697

[2001] SASC 97

ROCTER TANKS PTY LTD v ADAM
[2001] SASC 97

Full Court:  Debelle, Williams & Wicks JJ
Application for Leave to Appeal in Private

1................ DEBELLE, WILLIAMS & WICKS JJ. This application for leave to appeal has been considered by the Full Court pursuant to Rule 94.

1. The applicant has filed a notice of appeal contending that it has an appeal as of right. The applicant contends that amendments made to s 50(3) of the Supreme Court Act do not apply to it on the ground that the amending Act No. 66 of 1999 does not apply to this action. The Act No. 66 of 1999 did not commence until 3 January 2000. This action was commenced in 1999. The applicant presumably relies on s 16 of the Acts Interpretation Act, 1915. This application has been made out of an abundance of caution lest the applicant require leave by reason of the terms of s 50(3)(a) of the Supreme Court Act.

2. This Court considers that it is inappropriate for it to determine the application, given the existence of the intended appeal as of right.  Instead, the proper course is that the application for leave to appeal be heard by the Full Court which will hear the substantive appeal.

3. For these reasons, there will be orders as follows:

4. That the application of Rocter Tanks Pty Ltd for leave to appeal dated 15 March 2001 be heard and determined by the Full Court which hears the appeal instituted by Rocter Tanks Pty Ltd.

5. Reserving to the same Full Court the costs of and incidental to the application for leave to appeal.