Western Australian Current Acts

SUPREME COURT ACT 1935 - SECT 60

60 .         Restriction on appeals

        (1)         No appeal shall lie to the Court of Appeal —

            (a)         from an order of a judge or a master allowing an extension of time for appealing from a judgment or order;

            (b)         from an order of a judge or a master giving unconditional leave to defend an action;

            (c)         from a decision of a judge or a master where it is provided by any Act that such decision is to be final;

        [(d)         deleted]

            (e)         without the leave of the judge or the master or of the Court of Appeal, from the order of a judge or a master made with the consent of the parties, or as to costs only which by law are left to the discretion of the judge or the master;

            (f)         without the leave of the judge or the master or of the Court of Appeal, from any interlocutory order or interlocutory judgment made or given by a judge or a master, except in the following cases, namely —

                  (i)         where the liberty of the subject or the custody of infants is concerned; and

                  (ii)         where an injunction or the appointment of a receiver is granted or refused; and

        [(iii)-(v)         deleted]

                  (vi)         in such other cases to be prescribed as are in the opinion of the authority having power to make rules of court in the nature of final decisions.

        (2)         An order refusing unconditional leave to defend an action shall not be deemed to be an interlocutory order within the meaning of this section.

        (3)         An application for leave to appeal may be made ex parte, unless the judge or the master or the Court of Appeal otherwise directs.

        [Section 60 amended: No. 3 of 1982 s. 6; No. 47 of 1983 s. 10 and 13; No. 20 of 2003 s. 49; No. 45 of 2004 s. 22 and 27; No. 5 of 2008 s. 118.]