Zollo v The Commissioner for Consumer Affairs

The applicant, Zollo, sought to appeal a decision made by a Master of the District Court to the Court of Appeal. The respondent was the Commissioner for Consumer Affairs. The core of the dispute concerned the proper appellate pathway for a decision made by a Master of the District Court.

The Court of Appeal was required to determine whether an appeal from a Master of the District Court lay to the Court of Appeal or to a judge of the District Court. This involved an interpretation of the relevant provisions of the *District Court Act 1991* (SA).

The Court, per Livesey P, held that by virtue of section 43(2)(a) of the *District Court Act 1991* (SA), an appeal from a Master of the District Court lies to a District Court judge, not to the Court of Appeal. Consequently, the Court ordered that the appeal be transferred to the District Court. The hearing scheduled in the Court of Appeal was vacated, and the costs of the hearing and application were made costs in the cause.