The appellants appealed a mortgage enforcement judgment, arguing that the application judge erred by allowing the respondent bank to proceed by way of application rather than an action.
The Court of Appeal dismissed the appeal, finding that Rule 14.05(3)(e) of the Rules of Civil Procedure authorizes applications for declarations of an interest in land.
Furthermore, the procedural objection was raised for the first time on appeal.
The appeal was dismissed with costs awarded to the respondent.
