Viscariello v Macks

The applicant, Viscariello, sought leave to appeal from an interlocutory order of a Judge of the Supreme Court of South Australia. The dispute concerned the respondent, Macks, who had claimed legal professional privilege over certain documents sought by the applicant during discovery. The application for leave to appeal was made substantially out of time.

The primary legal issue before the Full Court of the Supreme Court of South Australia was whether the primary Judge had erred in refusing the applicant's application for disclosure of the documents, notwithstanding the respondent's claim of legal professional privilege. A secondary issue was whether an extension of time should be granted for the application for leave to appeal, given its significant lateness.

The Full Court refused the application for leave to appeal. It found that no arguable error on the part of the primary Judge had been identified that would justify permitting an appeal against the interlocutory order. Furthermore, the Court refused to grant an extension of time for the application, indicating that the delay was substantial and no sufficient reason had been advanced to overcome this. The Court applied the principles governing appeals from interlocutory orders, which require a demonstration of an arguable error, and the principles for granting extensions of time, which necessitate a compelling explanation for the delay.