CAP. 5]
[s. 29 cont.]
Taxation of fees and costs.
Appearance of solicitors.
Judge in summary jurisdiction. Appeal.
Appeal on question of fact.
Appeal on question of law or on matter of discretion.
Powers of Full Court on appeal.
Supreme Court (Summary Jurisdiction).
action was one which it was expedient to bring in such manner.
[31
30. All questions relating to fees and costs shall be determined by the Registrar, subject to a review on summary application to the court in chambers; and the amount allowed on such taxation or review shall be recoverable as a judgment debt.
[32
31. In all proceedings before the court in its summary jurisdiction solicitors may practise as advocates.
[33
32. (1) A Puisne Judge shall, as a general rule, preside at the trial of all actions in summary jurisdiction.
(2) In case either party to an action is dissatisfied with the decision of any question of fact or of law arising in the case, he may, within seven days from the date of the judgment, apply to the trial judge for leave to appeal, or, if he refuses leave, within a further seven days from the date of such refusal to the Full Court, and on such application the judge or the Full Court may in his or its discretion grant leave to appeal on such terms as to notice and other matters as he or it may think fit: Provided that the judge or the Full Court, as the case may be, may extend the time for any such application notwithstanding that such time may have expired.
[34
33. Where the appeal is from the decision of a question of fact, the Full Court may deal with the case solely upon the evidence originally taken or may re-examine any witness or may admit further evidence.
[35
34. Where the appeal is from a ruling or judgment on a question of law or on a matter of discretion only, it shall be heard upon a case to be stated by the parties (and, in the event of any difference, to be settled by the Full Court), in which case shall be set forth so much of the pleadings, if any, the evidence, and the ruling or judgment objected to as may be necessary to raise the question for the decision of the Full Court.
[36
35. The Full Court shall have power on every appeal, whether on a question of fact, or of law or of discretion, to try the case de novo.
[37
168
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