The plaintiffs obtained an ex parte Anton Piller order, which was subsequently set aside by a Superior Court judge.
The plaintiffs sought to appeal the setting aside of the order and brought a motion before a single judge of the Court of Appeal for a stay pending appeal.
The Court of Appeal judge determined that the order setting aside the Anton Piller order was interlocutory, not final, because it did not determine the real matter in dispute between the parties.
Consequently, the appeal belonged in the Divisional Court, and the motion for a stay in the Court of Appeal was dismissed.