UNIFORM CIVIL PROCEDURE RULES 1999 - REG 335 Jurisdiction of case appraiser

UNIFORM CIVIL PROCEDURE RULES 1999 - REG 335

335 Jurisdiction of case appraiser

(1) The case appraiser for a referred dispute has the power of the court referring the dispute to decide the issues in dispute in the referred dispute.

(2) However, the case appraiser—

(a) may only give a decision that could have been given in the dispute if it had been decided by the court; and

(b) can not punish for contempt.

(3) Subrule (1) is subject to rules 341 and 343 .

Note—

Rule 341 provides that, in the absence of an election under rule 343 , the parties are taken to have consented to the case appraiser’s decision which then becomes final and binding. Rule 343 provides that a party dissatisfied with a case appraiser’s decision may elect to go to trial.