The respondents brought a motion to extend the time to deliver responding materials until after the disposition of their motion to quash the appeal.
The appellants brought a cross-motion to have the motion to quash heard together with the appeal.
The court granted the respondents' motion and dismissed the cross-motion, noting that under the Practice Direction, a motion to quash based on jurisdiction is to be scheduled at an early date.
The appellants' refusal to consent was unreasonable, and costs were awarded to the respondents on a substantial indemnity basis.