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JUSTICES ACT 1959 - SECT 114 Right of justices to state case

JUSTICES ACT 1959 - SECT 114

Division 3 - Stated case Right of justices to state case

(1)  Where, in the opinion of the justices, the matter before them involves a question of law of such public and general importance as to make it desirable in the public interest that it should be determined by the Supreme Court, the justices instead of deciding the matter may state a case for the opinion of the Supreme Court, and may adjourn the hearing of the matter pending the receipt of the opinion of the Supreme Court thereon.
(2)  In any such case the justices shall forthwith prepare and state a case setting forth the material facts and their findings thereon, and stating the question of law upon which they desire the opinion of the Supreme Court; and shall transmit the case without delay to the Registrar of the Supreme Court.
(3)  On receipt of a case stated under this section the Registrar shall set it down for hearing and give the parties at least 3 days' notice thereof.
(4)  On the hearing of a case stated, the Supreme Court –
(a) shall be constituted by a single judge;
(b) may remit the case to the justices for amendment if, in its opinion, the case is defective;
(c) may reserve the case or any point arising thereon for the Full Court or direct the case or any such point to be argued in the Full Court; and
(d) shall cause the case to be remitted to the justices with the opinion of the Court on the question therein submitted.
(5)  The Full Court has power to hear and determine any case or point that is reserved for the Full Court or directed to be argued in the Full Court pursuant to subsection (4) (c) .