Emmanuel Tam. Ezekiel-Hart v The Law Society of the Australian Capital Territory

Emmanuel Tam. Ezekiel-Hart (the applicant) appealed to the Court of Appeal of the Supreme Court of the Australian Capital Territory against an order made by a single judge of that Court. The Law Society of the Australian Capital Territory (the respondent) applied to strike out the appeal as incompetent.

The central legal issue before the Court of Appeal was whether leave to appeal was required from the single judge's order, which turned on whether the order was interlocutory or final.

The Court of Appeal determined that the order made by the single judge was interlocutory. Consequently, pursuant to section 20(2)(b) of the *Supreme Court Act 1933* (ACT), leave to appeal was required. As no such leave had been sought or granted, the appeal was incompetent.

Accordingly, the Court of Appeal ordered that the appeal be dismissed as incompetent.