Supreme Court of Judicature Act 1969 · 2020 Revised Edition · Part 4 · Appellate Division of High Court
36. Composition — further provisions
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Despite section 32(1), a case before the Appellate Division may, if the Seventh Schedule so provides, be heard and decided by —
Appellate Division
“Appellate Division” means the Appellate Division of the High Court;
either a single Judge or 2 Judges; or
2 Judges.
A Judge must not sit in the Appellate Division to hear or decide any application to discharge or vary a direction or an order made by the Judge under section 40(1).
Judge
“Judge” means a Supreme Court Judge, a Judicial Commissioner, a Senior Judge or an International Judge, and —(a)in relation to the General Division, means a Judge sitting in that Division in accordance with the Constitution and this Act;(b)in relation to the Appellate Division, means a Judge sitting in that Division in accordance with the Constitution and this Act; and(c)in relation to the Court of Appeal, means a Judge sitting in that Court in accordance with the Constitution and this Act;
Where the Appellate Division is constituted by 3 or more Judges to hear and decide a case and one or more of those Judges are unable for any reason to continue exercising his or her functions as a Judge of the Appellate Division so constituted —
the Appellate Division must continue to hear and decide the case if every party to the case consents and there are at least 2 Judges remaining; and
the case must be reheard if it cannot continue under paragraph (a).