The appellant appealed a decision denying his application to amend his statement of claim to plead illegal consideration.
The Master and the appeal judge had refused the amendment, finding it an abuse of process because a judge on a prior interlocutory injunction motion ruled the allegation did not raise a triable issue.
The Court of Appeal allowed the appeal, holding that a refusal to grant an interlocutory injunction is a preliminary decision and does not finally determine the cause of action.
The appellant was granted leave to amend his statement of claim.
