The moving parties (respondents in the main application) brought a motion to set aside two previous court orders.
The first order dissolved a real estate partnership and required the moving parties to pay compensation, which they argued was obtained without disclosing that they had appealed an earlier order striking their pleadings.
The second order dismissed their motion for leave to appeal after they failed to attend the hearing.
The court dismissed the motion to set aside, finding that the non-disclosure was not material as the pleadings had been struck for non-compliance with court orders, and the failure to attend the leave motion was not due to inadvertence.
