1988 Ed.] The Rules of the Supreme Court-Order 59
[CAP. 4
A 213
(3) The time within which notice of appeal under this rule must be served shall be the same as in the case of an appeal from an interlocutory order.
[Subsidiary]
ORDER 59
APPEALS TO THE COURT OF APPEAL
Application of Order to appeals (O. 59, r. 1)
1. This Order applies, subject to the provisions of these rules with respect to particular appeals, to every appeal to the Court of Appeal (including so far as it is applicable thereto, any appeal to that Court from a master or other officer of the Supreme Court or from any tribunal from which an appeal lies to that Court under or by virtue of any enactment) not being an appeal for which other provision is made by these rules and references to "the court below" apply to any Court, tribunal or person from which such appeal lies.
Application of Order to applications for new trial (O. 59, r. 2)
2. This Order (except so much of rule 3(1) as provides that an appeal shall be by way of rehearing and except rule 11(1)) applies to an application to the Court of Appeal for a new trial or to set aside a verdict, finding or judgment after trial with or without a jury, as it applies to an appeal to that Court, and references in this Order to an appeal and to an appellant shall be construed accordingly.
GENERAL PROVISIONS AS TO APPEALS
Notice of appeal (O. 59, r. 3)
3. (1) An appeal to the Court of Appeal shall be by way of rehearing and must be brought by motion, and the notice of the motion is referred to in this Order as "notice of appeal".
(2) Notice of appeal may be given either in respect of the whole or in respect of any specified part of the judgment or order of the court below; and every such notice must specify the grounds of the appeal and the precise form of the order which the appellant proposes to ask the Court of Appeal to make.
(3) Except with the leave of the Court of Appeal, a single judge or the Registrar, the appellant shall not be entitled on the hearing of an appeal to rely on any grounds of appeal, or to apply for any relief, not specified in the notice of appeal.
(5) A notice of appeal must be served on all parties to the proceedings in the court below who are directly affected by the appeal; and, subject to rule 8, it shall not be necessary to serve the notice on parties not so affected.
(6) No notice of appeal shall be given by a respondent in a case to which rule 6(1) relates.