Barrett v King

[2024] WASCA 169

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Leave to appeal
3. › Interlocutory or final order
4. › Order extending operation of caveat
5. › Whether order finally determines rights of parties in principal cause
6. › Whether order interlocutory in nature
7. › Supreme Court Act 1935 (WA), s 60(1)(f)
1. Appeal
2. › Leave to appeal
3. › Exception for injunctions
4. › Whether order extending caveat is an injunction
5. › Meaning of 'injunction' in s 60(1)(f)(ii)
6. › Supreme Court Act 1935 (WA), s 60(1)(f)(ii)
1. Appeal
2. › Leave to appeal
3. › Discretion to grant leave
4. › Whether substantial injustice if order left unreversed
5. › Availability of alternative remedies
6. › Undertaking as to damages
1. Real Property
2. › Caveats
3. › Extension of operation of caveat
4. › Principles applicable to application under s 138C
5. › Whether caveator's claim has or may have substance
6. › Transfer of Land Act 1893 (WA), ss 137, 138, 138B, 138C

Quick Take

An order extending the operation of a caveat under s 138C(2) of the Transfer of Land Act 1893 (WA) is an interlocutory order requiring leave to appeal, and is not an 'injunction' within the exception in s 60(1)(f)(ii) of the Supreme Court Act 1935 (WA).