Sandery v Kowalski (No 2)
[2017] SASC 49
•31 March 2017
SUPREME COURT OF SOUTH AUSTRALIA
(Civil: Permission to Appeal in Private)
SANDERY v KOWALSKI (No 2)
[2017] SASC 49
Decision of The Honourable Justice Vanstone
31 March 2017
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - RIGHT OF APPEAL - WHO MAY EXERCISE RIGHT
APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - WHEN APPEAL LIES - BY LEAVE OF COURT - INTERLOCUTORY ORDERS AND JUDGMENTS
Where the appellant applies for permission to appeal against judgment on appeal from a Magistrate who set aside a default judgment.
Held: Permission to appeal is refused.
SANDERY v KOWALSKI (No 2)
[2017] SASC 49Civil: Permission to appeal in private
VANSTONE J.
The applicant, Mark Andrew Sandery, applies for permission to appeal against my judgment of 9 March, 2017 in Sandery v Kowalski [2017] SASC 29.
In that decision I considered the applicant’s appeal against a Magistrate’s decision to set aside a default judgment entered against the defendant, Steven Kowalski. I found that the Magistrate had made no error of approach and that the course taken was open.
My decision did not involve any question of principle. Rather, it turned on an evaluation of the reason given for the defendant having failed to file his defence in time to prevent the applicant signing judgment, and of the question whether the defendant’s foreshadowed defence was reasonably arguable.
In my view there is no utility in the Full Court considering the matter. Also, referring the matter to the Full Court would only serve to delay the trial of the claim.
Permission to appeal is refused.
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