Supreme Court (Chapter I Amendment No. 21) Rules 2002

i Supreme Court (Chapter I Amendment No. 21) Rules 2002 S.R. No. 91/2002 TABLE OF PROVISIONS Rule Page 1. Object 1 2. Authorising provisions 1 3. Commencement 1 4. Principal Rules 1 5. Incompetent appeal 1 6. Notice of application 2 7. Substitution of Rule 65.04 2 65.04 Filing and service 2 8. Amendment of summons 2 9. Substitution of Rule 65.10 3 65.10 Procedure on application 3 ═══════════════ ENDNOTES 5 -- 1 of 6 -- 1 STATUTORY RULES 2002 S.R. No. 91/2002 Supreme Court Act 1986 Supreme Court (Chapter I Amendment No. 21) Rules 2002 The Judges of the Supreme Court make the following Rules: 1. Object The object of these Rules is to amend the Principal Rules with respect to applications to the Court of Appeal. 2. Authorising provisions These Rules are made under section 25 of the Supreme Court Act 1986 and all other enabling powers. 3. Commencement These Rules come into operation on 1 January 2003. 4. Principal Rules In these Rules, the Supreme Court (General Civil Procedure) Rules 1996 1 are called the Principal Rules. 5. Incompetent appeal After Rule 64.03(3) of the Principal Rules insert— "(4) If leave to appeal is necessary and notice of appeal is served before leave has been granted, any person on whom the notice of appeal has been served may apply to the -- 2 of 6 -- S.R. No. 91/2002 Supreme Court (Chapter I Amendment No. 21) Rules 2002 2 Court of Appeal for an order dismissing the appeal as incompetent.". 6. Notice of application In Rule 65.02 of the Principal Rules, for paragraph (3) substitute— "(3) If an application is made on notice, notice of the application shall be given to all persons interested in accordance with Rule 65.04.". 7. Substitution of Rule 65.04 For Rule 65.04 of the Principal Rules substitute— "65.04 Filing and service (1) The applicant shall file the affidavit in support of an application within three days after the filing of the summons. (2) Within three days after the filing of the summons, the applicant shall, if an application is made on notice, serve a sealed copy of the summons and a copy of the affidavit in support and of any exhibit on each person to whom notice of the application is to be given. (3) Within four days after the service of the summons and affidavit in support, the respondent shall file, and serve a copy of, any affidavit in answer and shall serve a copy of any exhibit.". 8. Amendment of summons After Rule 65.09(2) of the Principal Rules insert— "(3) The Registrar may with the consent of the applicant and each respondent who has been served with the summons alter the day for hearing named in the summons.". r. 6 -- 3 of 6 -- S.R. No. 91/2002 Supreme Court (Chapter I Amendment No. 21) Rules 2002 3 9. Substitution of Rule 65.10 For Rule 65.10 of the Principal Rules substitute— "65.10 Procedure on application (1) Subject to this Rule, Order 46 shall with any necessary modification apply to an application to the Court of Appeal under this Order. (2) An application may be determined by the Court of Appeal without the attendance of, and without hearing, the applicant or any respondent provided that not less than three days before the day appointed for the hearing of the application the Registrar, at the direction of the Court, has notified all parties that attendance by them or on their behalf is not required. (3) If an application is determined under paragraph (2), the Court of Appeal may upon application under this paragraph by any party to the summons set aside or vary the order made under paragraph (2). (4) If an application under paragraph (3) is dismissed and costs are ordered against the party making that application, such costs may be ordered on an indemnity basis.". Dated: 26 September 2002 J. H. PHILLIPS, C.J. JOHN WINNEKE, P. W. F. ORMISTON, J.A. JOHN D. PHILLIPS, J.A. STEPHEN CHARLES, J.A. J. M. BATT, J.A. r. 9 -- 4 of 6 -- S.R. No. 91/2002 Supreme Court (Chapter I Amendment No. 21) Rules 2002 4 PETER BUCHANAN, J.A. F. H. R. VINCENT, J.A. G. M. EAMES, J.A. BERNARD G. TEAGUE, J. P. D. CUMMINS, J. T. H. SMITH, J. D. L. HARPER, J. H. R. HANSEN, J. PHILIP MANDIE, J. E. W. GILLARD, J. M. L. WARREN, J. D. J. HABERSBERGER, J. R. S. OSBORN, J. GEOFFREY NETTLE, J. ═══════════════ -- 5 of 6 -- S.R. No. 91/2002 Supreme Court (Chapter I Amendment No. 21) Rules 2002 5 ENDNOTES 1 Rule 4: S.R. No. 19/1996. Reprint (No. 3) incorporating amendments as at 12 July 2001. Subsequently amended by S.R. Nos 111/2001, 130/2001 and 36/2002. Endnotes -- 6 of 6 --