This approach to the issue of “final or interlocutory” has sometimes been called the “application approach”. Rather than look to the order “as made”, one looks to the application that gave rise to the order. On this approach, a final order is one made on such an application or proceeding that, no matter who succeeds, the order will, if sustained, finally determine the matter in litigation. Examples of this approach go back at least to Salaman v. Warner [1891] 1 Q.B. 734.
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