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Part 2 · Simplified Proceedings

47. Record of appeal

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(1)

Within 14 days after the filing of the appellant’s case under rule 45, the appellant must —

(a)

file with the Registrar 3 copies of the record of appeal; and

(b)

serve a copy of the record of appeal on each respondent in the appeal.

(2)

The record of appeal consists of a copy of each of the following:

(a)

the notice of appeal;

(b)

the certificate of deposit of security for costs;

(c)

the appellant’s case, if any;

(d)

the respondent’s case, if any;

(e)

the record of proceedings mentioned in rule 44;

(f)

the award or order appealed from; (g)any other documents necessary for showing the matter decided and the nature of the appeal.

(3)

Where the appellant fails to comply with paragraph (1), any respondent who has filed a respondent’s case may proceed with the appeal, if the respondent, within such time as may be allowed by the Registrar —

(a)

files with the Registrar 3 copies of the record of appeal; and

(b)

serves a copy of the record of appeal on the appellant and every other respondent in the appeal.

(4)

The appeal is deemed to be withdrawn —

(a)

where no respondent has filed a respondent’s case, and the appellant fails to comply with paragraph (1); or

(b)

where the appellant fails to comply with paragraph (1) after a respondent has filed a respondent’s case, and every respondent who filed a respondent’s case fails to comply with paragraph (3).

(5)

The General Division of the High Court may extend —

(a)

the time for an appellant to comply with paragraph (1); and

(b)

the time for a respondent to comply with paragraph (3).

(6)

The Registrar must, on receiving the 3 copies of the record of appeal —

(a)

transmit 2 of those copies, together with the exhibits put in evidence at the hearing, to the Registrar of the Supreme Court; and

(b)

give notice to the parties to the appeal in the appropriate Form.

Subregulation 1

Within 14 days after the filing of the appellant’s case under rule 45, the appellant must —

(a)

file with the Registrar 3 copies of the record of appeal; and

(b)

serve a copy of the record of appeal on each respondent in the appeal.

Subregulation 2

The record of appeal consists of a copy of each of the following:

(a)

the notice of appeal;

(b)

the certificate of deposit of security for costs;

(c)

the appellant’s case, if any;

(d)

the respondent’s case, if any;

(e)

the record of proceedings mentioned in rule 44;

(f)

the award or order appealed from; (g)any other documents necessary for showing the matter decided and the nature of the appeal.

Subregulation 3

Where the appellant fails to comply with paragraph (1), any respondent who has filed a respondent’s case may proceed with the appeal, if the respondent, within such time as may be allowed by the Registrar —

(a)

files with the Registrar 3 copies of the record of appeal; and

(b)

serves a copy of the record of appeal on the appellant and every other respondent in the appeal.

Subregulation 4

The appeal is deemed to be withdrawn —

(a)

where no respondent has filed a respondent’s case, and the appellant fails to comply with paragraph (1); or

(b)

where the appellant fails to comply with paragraph (1) after a respondent has filed a respondent’s case, and every respondent who filed a respondent’s case fails to comply with paragraph (3).

Subregulation 5

The General Division of the High Court may extend —

(a)

the time for an appellant to comply with paragraph (1); and

(b)

the time for a respondent to comply with paragraph (3).

Subregulation 6

The Registrar must, on receiving the 3 copies of the record of appeal —

(a)

transmit 2 of those copies, together with the exhibits put in evidence at the hearing, to the Registrar of the Supreme Court; and

(b)

give notice to the parties to the appeal in the appropriate Form.

Report

Part 3

Standard Proceedings

Part 4

Mandatory Treatment Order

Part 5

General Provisions Applicable to Protection from Harassment Proceedings

Part 6

Permission to Commence Proceedings Under Section 16I of Act

Part 7

Transfer of Proceedings Under Section 16J of Act

Part 8

General

Schedules