UNIFORM CIVIL PROCEDURE RULES 2005 - REG 50.16A
Objections to competency of appeal
UNIFORM CIVIL PROCEDURE RULES 2005 - REG 50.16A
Objections to competency of appeal
50.16A Objections to competency of appeal
(1) A defendant who objects to the
competency of an appeal must, by notice of motion filed and served on all
other parties to the appeal within 14 days after service on the defendant of
the notice of appeal, apply to the court for an order dismissing the appeal as
incompetent.
(2) If the defendant fails to comply with subrule (1) and the
appeal is nevertheless dismissed as incompetent--
(a) the defendant is not
entitled to costs of the appeal unless the court otherwise orders, and
(b)
the court may order the defendant to pay the plaintiff any costs of the appeal
proving useless or unnecessary.
