The applicants appealed a Master's order dismissing their action.
The Superior Court of Justice found that the appeal was brought in the wrong court, as appeals from a case management master's final order lie to the Divisional Court.
The court also determined that Rule 2.1 of the Rules of Civil Procedure, which allows for dismissal of vexatious or frivolous proceedings, does not apply to appeals.
The appeal was effectively dismissed due to procedural impropriety.
