The Applicant sought to overturn the ruling of a Case Management Officer. This Application was governed by Rule 14.36(3) which allowed a person affected by the decision of a Case Management Officer to apply to a single judge of the Court of Appeal to have it rescinded, confirmed, amended or enforced.

Among other things, the Applicant wanted the Court of Appeal to confirm that he had an Appeal from a Decision of Whitling J to the Court of Appeal. During oral arguments, the Applicant submitted that because no formal Order recording Whitling J’s decision had been entered pursuant to Rule 9.5, the Applicant was not out of time to Appeal the decision.

The Court of Appeal noted that Rule 14.8 made it clear that the time for filing and serving an Appeal starts on the date of the pronouncement of the Decision, or when reasons are given after a Decision is pronounce. Rule 14.8 further stated that any Appeal must be filed within one month of a Decision. Accordingly, the lack of a filed formal Order was irrelevant. The Application was ultimately dismissed in its entirety.