Flanagan, Ex Parte - Re Williamson & Anor S100/2000

This matter concerned an application by Flanagan for leave to appeal to the High Court of Australia from a decision of the Full Court of the Supreme Court of Western Australia. The dispute arose from a proceeding in the Supreme Court of Western Australia concerning the administration of the estate of the late Mr. Williamson. The primary issue before the High Court was whether it had jurisdiction to hear the appeal.

The central legal issue before the High Court was whether the decision of the Full Court of the Supreme Court of Western Australia was a "judgment" within the meaning of s 73 of the *Constitution* and s 35 of the *Judiciary Act 1903* (Cth), thereby attracting the High Court's appellate jurisdiction. Specifically, the court had to determine if the Full Court's refusal to grant leave to appeal from an interlocutory order of a single judge constituted a final judgment or an interlocutory order for the purposes of determining the High Court's jurisdiction.

McHugh and Kirby JJ held that the Full Court's refusal to grant leave to appeal was an interlocutory order, not a final judgment. Their Honours reasoned that the underlying proceeding in the Supreme Court had not been finally determined by the Full Court's decision. The refusal of leave to appeal meant that the original proceeding before the single judge of the Supreme Court could continue. Therefore, the High Court lacked jurisdiction to entertain a further appeal from this interlocutory decision.

The application for leave to appeal was dismissed.