A Supreme Court order quashing a Magistrates' Court pretrial order on judicial review is an interlocutory judgment requiring leave to appeal under s 17A(4)(b) of the Supreme Court Act 1986 (Vic), because it is ancillary to the underlying proceedings. This is to be distinguished from a refusal of certiorari, which may be a final order. The question whether the Magistrates' Court has power to order pretrial delivery of breath analysing instruments was left open.
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