(1) Subject to this
appeal lies to the Full Court against a judgment of the court constituted of a
single judge; and
appeal lies against a judgment of the court constituted of a master.
(2) An appeal against
a judgment of a master or judicial registrar lies, if the rules so provide, to
the Full Court and otherwise to the court constituted of a single judge.
(2a) Subject to the
rules, subsections (3)
do not apply to an appeal against a judgment of a judicial registrar.
(3) No appeal lies
order allowing an extension of time to appeal from a judgment; or
order giving unconditional permission to defend an action; or
judgment that is, by statute, under the rules, or by agreement of the parties,
final and without appeal.
(4) An appeal lies
only with the permission of the court—
a judgment of any of the following classes:
a judgment given by consent of the parties;
a judgment given by a single judge on appeal from a
judgment of the Magistrates Court; or
the rules provide that the appeal lies by permission of the court.
(5) The rules cannot,
however, require the court's permission for an appeal if the judgment under
denies, or imposes conditions on, a right to defend an action; or
deals with the liberty of the subject or the custody of an infant; or
grants or refuses relief in the nature of an injunction or the appointment of
a receiver; or
(d) is a
declaration of liability or a final assessment of damages under
makes a final determination of a substantive right.
If a judgment is given by a single judge on appeal from some other court or
tribunal, the rules may require the court's permission for a further appeal to
the Full Court even though the judgment makes a final determination of a
(6) In this
order or direction; and
decision not to make an order or direction.