Winslade Partners Pty Ltd v STERI-FLOW Filtration Systems (Aust) Pty Ltd

[2011] SASCFC 140

SUPREME COURT OF SOUTH AUSTRALIA

(Full Court: Permission to Appeal in Private)

WINSLADE PARTNERS PTY LTD v STERI-FLOW FILTRATION SYSTEMS (AUST) PTY LTD

[2011] SASCFC 140

Reasons for Decision of The Full Court

(The Honourable Chief Justice Doyle, The Honourable Justice Anderson and The Honourable Justice Kelly)

24 November 2011

APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - WHEN APPEAL LIES - BY LEAVE OF COURT - GENERALLY

Application for permission to appeal to the Full Court in private - grounds of appeal are reasonably arguable - the amount involved is substantial.

Held:  Application for permission to appeal to the Full Court allowed.

Supreme Court Act 1935 (SA) s 50(4)(a)(ii), referred to.

WINSLADE PARTNERS PTY LTD v STERI-FLOW FILTRATION SYSTEMS (AUST) PTY LTD
[2011] SASCFC 140

Full Court:       Doyle CJ, Anderson and Kelly JJ

1. THE COURT:      This is an application for permission to appeal against a decision by a Judge of this Court. The Judge dismissed an appeal against a decision by a Magistrate exercising the civil jurisdiction of the Magistrates Court. Permission to appeal is required by s 50(4)(a)(ii) of the Supreme Court Act 1935 (SA). The Magistrate dismissed a claim by the appellant against the respondent. The appellant had made two separate claims against the respondent. The Magistrate dismissed each of them.

2. In upholding that decision the Judge in some respects differed from the reasons given by the Magistrate.  Nevertheless, the Judge agreed with the Magistrate that each of the claims should have been dismissed.

3. The appellant now appeals against the dismissal of one only of the two claims that it made.  It now relies on only one of the two bases argued on appeal in support of that claim.

4. The Court has considered the reasons of the single Judge, and the appellant’s written summary of argument.

5. The Court considers that the grounds of appeal are reasonably arguable.  The amount involved is substantial.  The Court grants permission to appeal.