Zollo v Commissioner for Consumer Affairs

The appeal concerned a dispute between Mr Zollo and the Commissioner for Consumer Affairs, heard by the Full Court of the Supreme Court of South Australia. Built It Pty Ltd was also named as an appellant, however, the Court noted that as the company was in liquidation, Mr Zollo lacked the authority to bring proceedings in its name, and it should not have been named as an appellant.

The Court was required to determine whether an appeal lay as of right in respect of certain grounds of appeal, and whether permission to appeal should be granted for the remaining grounds. This involved distinguishing between questions of law and questions of fact for the purposes of establishing a right of appeal.

The Court noted that ground of appeal 1 had been abandoned. It further determined that an appeal lay as of right in respect of grounds of appeal 2 and 9, based on the first sentence of the relevant legislation. For the remaining proposed grounds of appeal, the Court refused permission to appeal.