Northern Territory Consolidated Acts Northern Territory Consolidated Acts39. Determination of preliminary point of law by Supreme Court
(1) Subject to subsection (2) and section 40, on an application to the Supreme Court made by a party to an arbitration agreement -
(a) with the consent of an arbitrator who has entered on the reference or, if an umpire has entered on the reference, with the consent of the umpire; or
(b) with the consent of all the other parties,
the Court shall have jurisdiction to determine a question of law arising in the course of the arbitration.
(2) The Supreme Court shall not entertain an application under subsection (1)(a) in relation to a question of law unless it is satisfied that -
(a) the determination of the application might produce substantial savings in costs to the parties; and
(b) the question of law is one in respect of which leave to appeal would be likely to be granted under section 38(4)(b).
(3) Unless the Supreme Court gives leave, no appeal shall lie to the Court of Appeal of the Northern Territory from a decision of the Supreme Court to entertain or not to entertain an application under subsection (1)(a).
(4) An appeal shall not lie to the Court of Appeal of the Northern Territory from a decision of the Supreme Court on a question of law under subsection (1) unless -
(a) the Supreme Court or the Court of Appeal of the Northern Territory grants leave; and
(b) it is certified by the Supreme Court that the question of law to which its decision relates either is one of general public importance or is one which, for some other special reason, should be considered by the Court of Appeal of the Northern Territory,
and for the purpose of such an appeal a decision of the Supreme Court under that subsection shall be deemed to be a judgment of the Supreme Court.