Supreme Court of Judicature Act 1969 · 2020 Revised Edition · Part 5 · Court of Appeal
58. Incidental directions and interim orders
Feedback & supportLast amended by an amending law of 2021. 2 amendments in all.
The Court of Appeal may make one or more of the following directions and orders in any appeal or application pending before it (called in this section the pending matter):
court
“court” means the General Division, the Appellate Division, or the Court of Appeal;
any direction or order incidental to the pending matter not involving the decision of the pending matter;
any interim order to prevent prejudice to the claims of the parties pending the determination of the pending matter;
any order for security for costs, and for the dismissal of the pending matter for default in furnishing security so ordered.
A direction or an order under subsection (1) may be made by the Court of Appeal on its own motion or on the application of a party.
A direction or an order under subsection (1) may be made by 2 Judges.
A direction or an order under subsection (1) may also be made by a single Judge, in which case the following provisions apply:
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;
the direction or order may be varied or discharged by 2 other Judges; but(b)an application to vary or discharge the direction or order may only be made with the permission of the single Judge or any other Judge, and a decision by any Judge to give or refuse permission is final.
Subsections (3) and (4) apply despite section 50(1).