Webb v Department for Correctional Services

Webb appealed to the Full Court of the Supreme Court of South Australia against the dismissal of her application for leave to appeal against a Master's order striking out her originating summons. The dispute concerned allegations of a breach of procedural fairness by the Department for Correctional Services in relation to a decision affecting Webb.

The Full Court was required to determine whether leave to appeal should be granted from the Master's interlocutory decision to strike out the originating summons, and consequently, whether the Master's decision to strike out the summons was correct. The central legal issue was whether Webb's originating summons disclosed a cause of action, particularly in light of the Department's submission that the claim was frivolous, vexatious, or an abuse of process.

The Court applied the principles governing the striking out of proceedings, noting that such an order is a drastic step to be taken only in clear cases. It considered whether the originating summons, on its face, disclosed a reasonably arguable case of a breach of procedural fairness. The Court found that the Master had erred in striking out the summons, as it did disclose a reasonably arguable case, and therefore, leave to appeal should be granted. The Court reasoned that the procedural fairness obligations owed by the Department were not necessarily confined to the specific statutory framework under which the initial decision was made, and that the allegations in the summons warranted further examination.

The Full Court allowed the appeal, set aside the Master's order, and remitted the application for leave to appeal to a single judge of the Supreme Court for determination.