Treana Holdings Pty Ltd v Kakkad

In *Treana Holdings Pty Ltd v Kakkad*, the Full Court of the Supreme Court of South Australia considered an application by the respondents to strike out certain sub-paragraphs of the appellants' Notice of Appeal. The dispute concerned whether these specific grounds of appeal were so lacking in merit or otherwise improper as to warrant their removal before the substantive appeal was heard.

The central legal issue before the Court was whether the impugned sub-paragraphs of the Notice of Appeal should be struck out. This required the Court to determine if these grounds breached the principle established in *University of Wollongong v Metwally (No 2)*, or if they raised unmeritorious questions of fact that should not proceed to appeal.

The Court, per Livesey Ex Tempore P, concluded that it was not against the interests of justice to allow the appellants to raise these matters at the appeal hearing. The Court found it difficult to see the utility of the pre-appeal application, noting it would likely increase time, trouble, and costs for the parties. Consequently, the Court dismissed the respondents' application to strike out the impugned paragraphs and ordered that the respondents pay the appellants' costs of the application.