Preston v Dukes

The parties in this matter were Preston (appellant) and Dukes (respondent). The dispute concerned an appeal from a decision made by a Master. The Court of Appeal was required to determine whether the Master's decision was final or interlocutory, and consequently, whether the notice of appeal filed in the Court of Appeal was competent.

The primary legal issues before the Court of Appeal were: (1) whether the Master's decision was final or interlocutory; (2) the competency of the notice of appeal filed in the Court of Appeal; and (3) whether leave to appeal the Master's decision should be granted, treating the incompetent notice of appeal as an application for leave.

The Court of Appeal reasoned that the Master's decision was interlocutory, not final. As such, an appeal to the Court of Appeal as of right was not available, rendering the notice of appeal incompetent. However, the Court then considered the notice of appeal as an application for leave to appeal. Upon reviewing the Master's decision, the Court found no error had been demonstrated, and therefore, it dismissed the application for leave to appeal. The Court of Appeal ordered that the amended notice of appeal be dismissed as incompetent.