Insurance Australia Limited t/as NRMA Insurance v Iuli & Anor

[2014] ACTCA 50

ACT Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Right of appeal
3. › Competence of appeal
4. › Final or interlocutory order
5. › Refusal to make declaratory order
6. › Whether refusal to make declaration is final or interlocutory
7. › Supreme Court Act 1933 (ACT), ss 9(2)(a), 37E(2)(a)(i)
1. Practice and Procedure
2. › Declaratory relief
3. › Nature of declaratory orders
4. › Distinction between making and refusing a declaration
5. › Refusal to make declaration does not finally determine rights of parties

Quick Take

In the ACT, an appeal from a Master's refusal to make a declaratory order lies to a single judge under s 9(2)(a) of the Supreme Court Act 1933 (ACT), not to the Court of Appeal under s 37E(2)(a)(i), because such a refusal is an interlocutory order. The distinction between making a declaration (final) and refusing a declaration (interlocutory) is confirmed.