CIVIL PROCEDURE — Court of Appeal — Application for leave to appeal — Leave to appeal from interlocutory orders including removal of interim joint administrators and appointment of independent administrator to administer estates but those orders stayed — Leave to appeal refused — No issue of principle, question of public importance or reasonably clear injustice going beyond something that is merely arguable — Notice of motion filed 24 June 2026 seeking a further stay dismissed
Quick Take
1Where a court repeatedly foreshadows during a hearing the possibility of removing interim administrators and grants adjournments to allow them to respond, procedural fairness requirements are met even without formal advance notice in a court listing, provided the critical issues on which the decision turns are sufficiently identified and the parties are given adequate opportunity to address them.
2Stayed interlocutory orders revoking an appointment and substituting an independent administrator do not give rise to reasonably clear injustice warranting leave to appeal where the stay preserves the existing appointees' powers and affords them an opportunity to address the court's concerns before the orders take effect.
3The traditional reluctance to grant leave to appeal from interlocutory orders concerning matters of practice and procedure applies with particular force to case-management decisions in estate administration, including the removal and replacement of interim administrators.
