Caldar v Public Trustee

The appeal concerned an interlocutory judgment or order refusing to set aside a grant of administration in common form. The parties involved were Caldar (the appellant) and the Public Trustee (the respondent). The dispute arose from the Public Trustee's application for and subsequent grant of administration in common form.

The central legal issue before the court was whether the appeal against the refusal to set aside the grant of administration was competent. This required the court to consider the nature of the order sought to be appealed and the relevant rules governing appeals from interlocutory decisions.

The court determined that the appeal was incompetent. It reasoned that the order refusing to set aside the grant of administration in common form was not a final judgment or order, but rather an interlocutory one. Under the relevant rules of court, appeals from such interlocutory orders generally require leave, which had not been sought or granted in this instance. Consequently, the appeal was struck out as incompetent. The court also dismissed a notice of motion to review prior orders with costs.