Dagg v Davis

The appeal concerned an application for leave to appeal an interlocutory decision regarding practice and procedure. The parties involved were Dagg (appellant) and Davis (respondent). The core of the dispute revolved around whether leave to appeal should be granted, particularly in light of potential prejudice arising from delay in commencing proceedings if such leave were refused.

The central legal issue before the court was whether there was a substantial issue of principle involved in the interlocutory decision, or alternatively, whether substantial injustice would be occasioned by reason of any prejudice resulting from delay in commencing proceedings if leave to appeal were not granted.

The court determined that there was no substantial issue of principle arising from the interlocutory decision. Furthermore, the court found that no substantial injustice would be occasioned by reason of any prejudice as a result of delay in commencing proceedings if leave were not granted. Consequently, the application for leave to appeal was dismissed.

The application for leave to appeal was dismissed with costs.