Clause 33

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 such judgment, any Judge of the Court hearing the appeal is unable, through illness or any other cause, to attend the proceedings or otherwise exercise his functions as a Judge of such Court, the hearing of such appeal shall, if the parties consent, continue as before, and judgment or reserved judgment, as the case may be, shall be given by the remaining Judges of such Court, not being less than two, and the said Court shall, for the purposes of such appeal, be deemed to be duly constituted notwithstanding the absence or inability to act of such Judge as aforesaid.

In any such case as is referred to in subsection (1) of this section, the appeal shall be decided in accordance with the opinion of the majority of the remaining Judges of such Court, and, if there is no such majority, the decision appealed against shall stand.

If the parties do not consent as aforesaid the appeal shall be re-heard.