The Plaintiffs were successful in obtaining Anton Pillar Orders and Mareva Injunction Orders against the Defendants. Some Defendants appealed and challenged parts of the Orders affecting each of them because the provisions were binding on the other Defendants; the Orders were not extricable. The other Defendants, known as the Smokey Creek Ranch group, did not Appeal the Orders, but instead applied to set aside the Orders. Notwithstanding the fact that the Smokey Creek Ranch group indicated that they would not be party to the Appeals, they ultimately filed a Factum. The Plaintiffs applied to strike the Factum filed by the Smokey Creek Ranch group on the basis that they were not proper parties to the Appeals and should not be permitted to present submissions. The Smokey Creek Ranch group argued that their legal interests were affected by the Appeals, and as such, they should be able to participate.

Greckol J.A. held that the Rules supported the filing of a Factum by the Smokey Creek Ranch group in the circumstances. The Smokey Creek Ranch group were parties to the Action below and they were properly named and served as parties to the Appeals pursuant to Rules 14.8(2)(b), 14.12(2)(a) and 14.87(1)(b). Further, Rule 14.1(1)(m) defines “Respondent” as a person named as a Respondent to an Appeal; there is no requirement of an adverse interest. Justice Greckol also noted that if the Plaintiffs objected to the status of the Smokey Creek Ranch group, they could have applied under Rule 14.57 to have them removed as parties. They did not make such an Application. The Application to strike the Factum of the Smokey Creek Ranch group was accordingly dismissed.