Kartal & Templeman

In the case of Kartal & Templeman, the applicant, Ms Kartal, appealed against the interlocutory orders made by the Magistrates Court of Western Australia regarding the sale of the former family home and the use of its proceeds. The court had to determine whether the orders were final or interlocutory, whether the applicant could demonstrate sufficient doubt to warrant the grant of leave to appeal, and whether the applicant could adduce further evidence in the appeal. Ms Kartal argued that the orders were final and that she could adduce further evidence to support her appeal. However, the court held that the orders were interlocutory, that there was no sufficient doubt to warrant the grant of leave to appeal, and that the applicant could not adduce further evidence as the appeal was not a rehearing of the case.

The court found that the orders were not final because they did not exhaust the court's statutory power and did not dispose of the justiciable cause between the parties. The court also held that Ms Kartal could not demonstrate sufficient doubt to warrant the grant of leave to appeal, as the appeal was not a rehearing of the case and the evidence proposed to be adduced was available and could reasonably have been obtained at the time of the hearing before the magistrate. The court further held that the applicant could not adduce further evidence in the appeal as it was not a rehearing of the case and the evidence was not relevant to the appeal. The court dismissed the application to adduce further evidence and ordered the applicant to pay the respondent's costs of and incidental to the appeal, fixed in the sum of $8,823.