The appellant appealed an application judge's order dismissing his application for a declaration regarding the allocation of surplus funds from a power of sale.
The application had been dismissed without prejudice to the appellant's right to bring a fresh application with proper notice and evidence.
The respondent brought a motion to quash the appeal, arguing the order was interlocutory and thus the Court of Appeal lacked jurisdiction.
The Court of Appeal agreed, finding that the order determined no substantive rights and was therefore interlocutory.
The appeal was quashed.
