SUPREME COURT ACT 1970 - SECT 45AA
Continuation of appeal if one or more Judges unable to continue
SUPREME COURT ACT 1970 - SECT 45AA
Continuation of appeal if one or more Judges unable to continue
45AA Continuation of appeal if one or more Judges unable to continue
(1) If an appeal is commenced before 3 or more Judges of Appeal and, before
the appeal is determined, one or more of the Judges dies, resigns from office
or otherwise becomes unable to continue as a member of the Court of Appeal for
the purposes of the appeal, the hearing and determination of the appeal may be
completed by the remaining Judges of Appeal so long as at least 2 Judges
remain and the parties consent.
(2) If the appeal concerned is to be heard
and determined by only 2 Judges of Appeal and those Judges are divided in
opinion--
(a) as to the decision determining the appeal--the appeal is to be
reheard and determined by the Court of Appeal constituted by such 3 or more
Judges of Appeal as the President of the Court of Appeal directs (including,
if practicable, the 2 Judges of Appeal who completed the hearing of the
appeal), or
(b) as to any other decision--the decision of the Court is to be
in accordance with the opinion of the senior Judge present.
(3) This section
has effect despite any other provision of this Division.
