The moving parties sought an order quashing an appeal from a Superior Court judgment on the grounds of lack of jurisdiction.
The lower court had declared the appellant mentally incapable and appointed the Public Guardian and Trustee as her litigation guardian.
The Court of Appeal determined that the order under appeal was interlocutory in nature, relating to a procedural matter rather than the merits of the proceeding, and therefore fell within the jurisdiction of the Divisional Court rather than the Court of Appeal.
The appeal was quashed without prejudice to the appellant's right to apply to the Divisional Court for leave to appeal.
