Three counsel were participating as Class Counsel to the Representative Plaintiffs in a Class Action. One of the counsel brought an Application to the Case Management Judge requesting directions from the Court due to differing views as to the authority of the Representative Plaintiffs to settle the Class Proceedings.

As a result of the Application, the Case Management Judge appointed two of the three Class Counsel and removed the remaining Class Counsel.

The decision of the Case Management Judge was then appealed. The Court of Appeal held that the Order of the Case Management Judge was an interim step authorized by Rules 2.9 and 4.14. Further, the Order was tailored to deal with the immediate situation and deference was owed to the Case Management Judge. The Appeal was dismissed.