Where a litigant has a right of appeal under s.109 of the Magistrates' Court Act 1989 (Vic) but fails to exercise it in time and is refused leave to appeal out of time, the court retains jurisdiction to grant judicial review under Order 56 but will exercise its discretion to refuse such relief absent exceptional circumstances. The restriction is properly characterised as discretionary, not jurisdictional. The question whether exceptional circumstances could ever warrant granting judicial review in such cases was left open.
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