1989 Ed.]

Supreme Court

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(e) without the leave of the court or tribunal in question or of the Court of Appeal, from an order of the High Court or any other court or tribunal made with the consent of the parties or relating only to costs which are by law left to the discretion of the court or tribunal; (Replaced 52 of 1987 s. 10) [cf. 1981 c. 54 s. 18 U.K.]

(ea) except as provided by the Arbitration Ordinance (Cap. 341),

from any decision of the High Court-

(i) on an appeal under section 23 of that Ordinance on a

question of law arising out of an arbitration award; or

(ii) under section 23A of that Ordinance on a question of law arising in the course of a reference; (Added 52 of 1987 s. 10)

(f) without the leave of the High Court or the Court of Appeal, from a judgment or order of the High Court given or made in summarily determining under rules of court any question at issue in interpleader proceedings:

Provided that this paragraph shall have no effect in relation to any interpleader issue which is tried by a judge whether with or

without a jury.

(4) Rules of court made under section 54 may provide for orders or judgments of any prescribed description to be treated for any prescribed purpose connected with appeals to the Court of Appeal as final or as interlocutory. (Added 52 of 1987 s. 10) [cf. 1981 c. 54 s. 60 U.K.]

(5) No appeal shall lie from a decision of the Court of Appeal as to whether a judgment or order is, for any purpose connected with an appeal to that court, final or interlocutory. (Added 52 of 1987 s. 10)

15. Application for new trial

(1) Where any cause or matter or any issue in any cause or matter has been tried in the High Court, any application for a new trial thereof, or to set aside a verdict, finding or judgment therein, shall be heard and determined by the Court of Appeal.

(2) Nothing in this section shall alter the practice in bankruptcy.

(Replaced 52 of 1987 s. 11) [cf. 1981 c. 54 s. 17 U.K.]

16. Law and equity to be administered in Supreme Court

(1) The Court of Appeal and the High Court, when exercising jurisdiction in any civil cause or matter, shall continue to administer law and equity on the basis that, wherever there is any conflict or variance between the rules of equity

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