SUPREME COURT (COURT OF APPEAL) RULES 2005 - REG 43

SUPREME COURT (COURT OF APPEAL) RULES 2005 - REG 43

43 .         Single judge’s jurisdiction

        [(1)         deleted]

        (2)         A single judge has jurisdiction to do any of the following —

            (a)         to extend or to refuse to extend the time within which the appeal can be commenced or to refer the question to the hearing of the appeal;

            (b)         to give or to refuse to give leave to appeal or to refer the question to the hearing of the appeal;

            (c)         in a criminal appeal, to exercise the Court of Appeal’s functions under the Criminal Appeals Act 2004 section 27;

            (d)         to amend any ground of appeal;

            (e)         to add any ground of appeal;

            (f)         to strike out any ground of appeal that does not have a reasonable prospect of succeeding or does not comply with these rules or any order made under them;

            (fa)         to strike out an appeal notice if —

                  (i)         the appeal is incompetent or has not been validly commenced; or

            (ia)         the appellant has not filed the required documents under rule 28, 28A or  29, as the case may be; or

                  (ii)         a Form 3 (Service certificate) is not filed within 7 days after the last date on which the appeal could have been commenced;

            (g)         to dismiss the appeal if —

                  (i)         none of the grounds of appeal has a reasonable prospect of succeeding; or

                  (ii)         the appellant has not obeyed these rules or any order made under them;

            (ga)         if a respondent to an appeal has not obeyed these rules or any order made under them, to bar the respondent from taking part in the appeal;

            (h)         to make an interim order in an appeal;

                  (i)         to make an interim order before a respondent is served with the appeal notice;

            (j)         to make an interim order subject to a condition, including, without limiting that power, a condition that requires —

                  (i)         a party to give an undertaking;

                  (ii)         a party to give security for the costs of the other party to the appeal;

            (k)         to adjourn proceedings in relation to the making of an interim order from time to time;

            (ka)         to refer any application for an interim order to the hearing of the appeal;

            (kb)         to make any order that it is appropriate to make —

                  (i)         for the due and effective administration of justice; or

                  (ii)         because a person has not obeyed these rules or any order made under these rules by the Court of Appeal, a single judge or a registrar;

            (l)         to make any order that it is necessary or convenient to make as a result of an order made under any of the above paragraphs.

        (2A)         Subrule (2)(kb) is not limited by subrules (2)(a) to (ka).

        (3)         An order made under subrule (2), as varied by the Court of Appeal under the Act section 61(4), is to be taken to be an order made by the Court of Appeal unless it is set aside by the Court of Appeal under that section.

        [Rule 43 amended: Gazette 22 Aug 2017 p. 4534‑5; SL 2022/60 r. 21; SL 2022/209 r. 21.]