matter is of sufficient substance to justify the cost of an appeal. Where those criteria are satisfied I think that leave should ordinarily be granted."
Cox J addressed the question of the appropriate criteria to be applied at page 322. His Honour took the view that the case before him was fit for leave as substantial issues of law were raised. In those circumstances he found it "unnecessary, and probably undesirable to attempt to lay down universal tests for the grant of leave to appeal." O'Loughlin J agreed with the reasons of the Chief Justice and Cox J.
Case Details
Citation[2000] SASC 130
CourtSASC
JurisdictionSouth Australia
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