Where an application for permission to appeal from interlocutory orders raises substantial preliminary questions about the nature of the appeal and whether permission is required, the Full Court may refer both the permission question and the substantive appeal for hearing together in open court rather than determining permission in private on the papers. The question of whether House v The King appellate restraint applies to appeals by way of rehearing under r 286 of the Supreme Court Civil Rules 2006 (SA) was left open.
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