The Court of Appeal refused leave to appeal an interlocutory decision that permitted amendment of an originating motion and postponed determination of a s 29 Civil Procedure Act 2010 application until trial. Walker JA held the application was totally without merit, as the orders were quintessential case management decisions best left to the judge managing the proceeding, no substantial injustice was demonstrated, and the underlying proceeding had since been finally determined, rendering the relief sought devoid of practical utility. The appropriate pathway was to challenge the final decision directly.
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