On an appeal under Part 6 Division 2 of the District Court Act 1991 (SA), the appeal is in the nature of a rehearing requiring demonstration of error. Where the asserted error relates to a question of law (such as the construction of contractual documents), the appeal court must determine the legal issue for itself and no deference to the original decision-maker is required. Where the error relates to discretion, House v The King errors must be shown; where it relates to fact, the finding must be shown not to have been open. Money received by a company as a term deposit investment is not 'trust money received by a land agent when acting as an agent' for the purposes of the agents indemnity fund under s 30 of the Land Agents Act 1994 (SA), even where the investment was made in the context of a contemplated land purchase.
The full text is available to signed-in members, including the 1 later case that cites this judgment.
1 of the 1 citing case carries a classified treatment. How each court treated it is available to signed-in members.