Singapore legislation
Section 53
Section 53
Hearing of appeal in absence of member of Board
(1)
Despite anything to the contrary in this Part, if, in the course of any appeal, or, in the case of a reserved judgment in any such appeal, at any time before delivery of the judgment, any member of the Board hearing the appeal resigns or is unable, through illness or any other cause, to continue to hear or to determine the appeal, the remaining members of the Board, not being less than 2, must, if the parties consent, hear and determine the appeal and the Board is, for the purposes of the appeal, deemed to be duly constituted despite the resignation or inability to act of the member.
(2)
Despite section 50(8), in any case referred to in subsection (1), the appeal is decided in accordance with the opinion of the majority of the remaining members of the Board and, except where there are only 2 remaining members, if there is an equality of votes, the Chairperson of the Board or in the Chairperson’s absence the member presiding has a second or casting vote.
(3)
The appeal must be reheard —
if the parties do not consent to the proceedings continuing by the remaining members of the Board under subsection (1); or
if the appeal is heard or determined by only 2 remaining members of the Board and they are unable to reach a unanimous decision.