Ward v Motor Vehicle Accident Commission

The applicant sought leave to appeal to the Full Court of the Supreme Court of South Australia against a decision of a single Judge. The single Judge had refused permission to appeal against a decision of a District Court Judge, who in turn had affirmed a Master of the District Court's order. The Master had appointed the Public Trustee as the applicant's litigation guardian, a decision opposed by the applicant's father who sought to have himself or another family member appointed.

The Full Court was required to determine two principal questions. First, whether the judgment of the single Judge, which refused permission to appeal against the District Court Judge's decision affirming the Master's order, constituted a judgment given on appeal from an interlocutory judgment, thereby requiring the grant of permission to appeal to the Full Court. Second, if permission was required, whether it should be granted.

The Court reasoned that the judgment of the single Judge was indeed a judgment given on appeal from an interlocutory judgment, meaning that permission to appeal to the Full Court was a prerequisite. Applying the principles for granting such permission, the Court found that the proposed appeal raised no issue of principle and had no reasonable prospect of success. Consequently, permission to appeal to the Full Court was refused.