The Federal Court held that an appeal from a judgment refusing leave to amend an originating application and dismissing the proceeding is an interlocutory judgment requiring leave to appeal under s 24(1A) of the Federal Court Act, even where the dismissal order brings the proceeding to an end. The Court further held that the exception in s 24(1C)(a) for judgments 'affecting the liberty of an individual' does not apply to a refusal of leave to amend merely because the proposed amendments sought habeas corpus relief - the judgment must directly subject the individual to incarceration or deprivation of liberty.
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