The Full Court granted Mitsubishi Motors permission to appeal against a single judge's order permitting a vexatious litigant (subject to s 39 of the Supreme Court Act 1935 (SA)) to institute proceedings in the SA Employment Tribunal. The Court found the appeal was reasonably arguable on two bases: that the single judge may have applied the wrong test for granting permission to institute proceedings, and that the permitted proceedings may constitute an abuse of process. The substantive questions regarding the correct test for s 39 applications and the abuse of process issue remain unresolved at this stage.
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