Regulation 35

Every application to the appellate Court must be made either by originating application or, in an appeal which is pending before the appellate Court, by summons.

Whenever under these Rules an application may be made either to the lower Court or to the appellate Court, it must not be made in the first instance to the appellate Court, except where there are special circumstances which make it impossible or impracticable to apply to the lower Court.

No oral arguments are to be made in an application to the appellate Court unless the appellate Court otherwise orders.

Except where Rule 29(15) provides otherwise, a party to an application to the appellate Court must, if the party wishes to file an affidavit in reply to the application, file and serve that affidavit on the applicant and the other parties to the application within 14 days after the date the application and the affidavit in support of the application (if any) are served on that party, and no further affidavits may be filed without permission of the appellate Court.

The party who files an originating application or a summons to the appellate Court must provide security for the opposing party’s costs of the application and file a certificate for security for costs in Form 36 at the time that party files the application.

Where there is more than one applicant in an application, all the applicants need to provide only one set of security for the costs of the application.

Where there is more than one opposing party, the applicant must provide security for the costs of each opposing party (or for the costs of each set of the opposing parties where they are represented by the same firm of solicitors).

The security must be —

The applicant must provide security in the amount of $5,000.

Any party may apply to the appellate Court to vary or waive the amount of security for costs to be provided.

The appellate Court may order further security for costs to be given.

Any application to the appellate Court to strike out a notice of appeal must be made by summons supported by affidavit stating the grounds of the application.

The summons and the supporting affidavit mentioned in paragraph (12) must be filed and served by the applicant on the parties to the application within 14 days after service of the notice of the appeal on the applicant.

A party to the application mentioned in paragraph (12), who wishes to reply to the applicant’s affidavit, must file and serve that party’s affidavit in reply, on the applicant and the other parties to the application, within 14 days after service of the applicant’s summons and affidavit on that party.

No further affidavit may be received in evidence without the permission of the appellate Court.