This appeal arose in the context of estate litigation and focused on a procedural point regarding the service of a notice of application.
The appellants, who were the original respondents, sought to set aside a prior order (the March Order) on the basis of improper service, a motion they had previously brought and lost.
The Court of Appeal dismissed the appeal, finding it an impermissible collateral attack on the earlier October Order, which had declined to set aside the March Order.
The court noted that the appellants had fully participated in subsequent proceedings and were not prejudiced by the initial service.
