Schedule 5

Orders Made by Judge That Are Appealable Only With Leave

of Supreme Court of Judicature (Amendment) Bill

BillNot in forceProvision 18 of 18

FIFTH SCHEDULESections 34(2)(d) and 83Orders Made by Judge That Are Appealable Only With LeaveExcept with the leave of a Judge, no appeal shall be brought to the Court of Appeal in any of the following cases:

(a)

where a Judge makes an order refusing leave to amend a pleading, except if —

(i)

the application for such leave is made after the expiry of any relevant period of limitation current at the date of issue of the writ of summons; and

(ii)

the amendment is an amendment to correct the name of a party or to alter the capacity in which a party sues, or the effect of the amendment will be to add or substitute a new cause of action;

(b)

where a Judge makes an order giving security for costs;

(c)

where a Judge makes an order giving or refusing discovery or inspection of documents;

(d)

where a Judge makes an order refusing a stay of proceedings;

(e)

where a Judge makes an order at the hearing of any interlocutory application other than an application for any of the following matters:

(i)

for summary judgment;

(ii)

to set aside a default judgment;

(iii)

to strike out an action or a matter commenced by a writ of summons or by any other originating process, a pleading or a part of a pleading;

(iv)

to dismiss an action or a matter commenced by a writ of summons or by any other originating process;

(v)

for further and better particulars;

(vi)

for leave to amend a pleading;

(vii)

for security for costs;

(viii)

for discovery or inspection of documents;

(ix)

for interrogatories to be varied or withdrawn, or for leave to serve interrogatories;

(x)

for a stay of proceedings.”.

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