A summary judgment that strikes out a plaintiff's claim and enters judgment for the defendant is a final judgment within s 79(1)(a) of the Supreme Court Act (WA), not an interlocutory order, so leave to appeal is unnecessary but the appeal must be brought within time or an extension of time sought under O 63 r 4(1). An application for extension of time must be clearly identified as such in the supporting documents to afford the respondent procedural fairness.
The full text is available to signed-in members, including the 6 later cases that cite this judgment.
2 of the 6 citing cases carry a classified treatment. How each court treated it is available to signed-in members.