where orders sought to be appealed were discretionary directions
Quick Take
1A tight rein must be kept on interlocutory appeals from discretionary case management directions; leave to appeal requires identification of a House v The King error, not merely disagreement with the exercise of discretion.
2Where granting leave to appeal would either be nugatory (if no stay) or effectively determine the appeal (if a stay is granted), that is a strong factor against granting leave.
3Interlocutory errors affecting the final result can be challenged on appeal from final orders ([name withheld] v Clifton Bricks Pty Ltd), reducing the necessity for interlocutory appeals and avoiding fragmentation of proceedings.
