A344
Amendment of
section 12.
Amendment of
section 13.
Ord. No. 52/87
SUPREME COURT (AMENDMENT)
8. Section 12(4) of the principal Ordinance is amended by deleting "in England by the Lord Chancellor and judges of the Supreme Court of Judicature in England under the Mental Health Act 1959” and substituting the following-
(1983 c. 20.)
9.
"in England and Wales by the Lord Chancellor and nominated judges of the Supreme Court of England and Wales under Part VII of the Mental Health Act 1983 and in relation to such jurisdiction the rules of procedure made under that Part shall apply".
Section 13 of the principal Ordinance is amended by inserting, after subsection (3), the following--
1981 c. 54, s. 15.
"(4) For the purposes of and incidental to-
(a) the hearing and determination of any appeal to the
Court of Appeal; and
(b) the amendment, execution and enforcement of any
judgment or order made on such an appeal,
the Court of Appeal shall have all the authority and jurisdic- tion of the court or tribunal from which the appeal was brought.
(5) Any provision in this or any other Ordinance which authorizes or requires the taking of any steps for the execu- tion or enforcement of a judgment or order of the High Court applies in relation to a judgment or order of the Court of Appeal as it applies in relation to a judgment or order of the High Court."."
Section 14 of the principal Ordinance is amended—
Amendment of
10.
section 14.
(a)
by deleting subsection (2);
(b) in subsection (3)—
1981 c. 54,
s. 18.
(Cap. 341.)
(i) by deleting paragraph (b); and
(ii) by deleting paragraph (e) and substituting the following-
"(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;
(ea) except as provided by the Arbitration Ordinance,
from any decision of the High Court-
(i) on an appeal under section 23 of that Ordin- ance on a question of law arising out of an arbitra- tion award; or
(ii) under section 23A of that Ordinance on a question of law arising in the course of a reference;"; and
:
SUPREME COURT (AMENDMENT)
(c) by inserting, after subsection (3), the following—
1981 c. 54,
s. 60.
Ord. No. 52/87
A345
"(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.
(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.".
11. Sections 15, 16 and 17 of the principal Ordinance are repealed and Repeal and replaced by the following--
"Application for new trial.
1981 c. 54,
s. 17.
Law and equity to be administered in Supreme Court.
1981 c. 54, s. 49.
15. (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.
16. (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 and the rules of the common law with reference to the same matter, the rules of equity shall prevail.
(2) The Court of Appeal and the High Court shall give the same effect as hitherto
(a) to all equitable estates, titles, rights, reliefs, defences and counterclaims, and to all equitable duties and liabilities; and
(b) subject thereto, to all legal claims and demands and all estates, titles, rights, duties, obligations, and liabilities existing by the common law or by any custom or created by any Ordinance,
and shall so exercise its jurisdiction in every cause or matter before it as to secure that, as far as possible, all matters in dispute between the parties are completely and finally deter- mined, and all multiplicity of legal proceedings with respect to any of those matters is avoided.
(3) Nothing in this Ordinance shall affect the power of the Court of Appeal or the High Court to stay any proceed- ings before it, where it thinks fit to do so, either of its own motion or on the application of any person, whether or not a party to the proceedings.
replacement of sections 15, 16
and 17.
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Private notes are available after approval.