In Western Australia, there is now a right of appeal to the Full Court from a single judge's refusal of leave to appeal from an arbitrator's award under s 38(4)(b) of the Commercial Arbitration Act 1985 (WA), overturning the position in Aintree Holdings v Corderoy. However, the refusal of leave is an interlocutory order, so leave to appeal under s 60(1)(f) of the Supreme Court Act 1935 (WA) is required, and will only be granted if the judgment was clearly wrong and substantial injustice would result. The test for leave to appeal from an arbitrator's award under s 38(5)(b) — manifest error of law or strong evidence of error — remains extremely circumscribed, and challenges to discretionary assessments (such as interest rates and costs) face additional hurdles.
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