What defines an interlocutory application?

An interlocutory application is primarily defined by its focus on addressing preliminary or interim issues that arise during the course of legal proceedings. These applications are typically made to resolve questions or matters that are necessary for the progress of the case but do not determine the final outcome. For example, they might involve procedural considerations such as requests for stay of proceedings, discovery disputes, or applications for interim orders like injunctions.

The nature of interlocutory applications is such that they help manage the litigation process and ensure that all necessary matters are dealt with before the case proceeds to a final hearing. This is distinct from final determination decisions, where the substantive rights of the parties are conclusively settled.

Understanding this distinction clarifies why addressing preliminary issues is fundamental to the concept of interlocutory applications, reinforcing their vital role in guiding the case towards a resolution while ensuring fairness and efficiency in the proceedings.