CAP. 255]
[s. 26 cont.]
13 of 1948, s. 4.
13 of 1948, s. 4.
[cf. 7 Ed. 7, c. 23, s. 1(6).]
13 of 1948, s. 4.
Landlord and Tenant.
(5) The 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.
(6) The court may, on the application of the appellant, stay execution of any order of the tribunal for such time and on such terms, if any, as to security or otherwise, as it may deem just.
(7) (a) Upon the hearing of any such appeal whether by way of case stated or otherwise, the court may reverse or affirm the decision of the tribunal, or may amend or alter such decision by making any order which the tribunal would have had power to make in the matter, or may remit the matter to the tribunal with the opinion of the court thereon, or may make such other order in relation to the matter, and may make such orders as to costs in or connexion with the proceedings before the tenancy tribunal and before the court as may seem fit.
(b) Upon any appeal by way of case stated, the court shall have power to cause the case stated to be sent back to the tribunal for amendment and thereupon the same shall be amended accordingly.
(8) Upon any such appeal or upon any application for a case stated to be sent back for amendment a record of the proceedings before the tribunal if compiled in accordance with any rules in relation thereto made under section 29 or a certified copy of such record, shall without prejudice to any other method of proof be admissible as prima facie evidence of the evidence which was given and of the statements which were made before the tribunal and generally that the proceedings therein recorded took place.
(9) (a) No appeal shall lie from any decision of fact, discretion or law made by the court unless the presiding judge certifies that in his opinion a point of law of such exceptional public importance arises from or as a consequence of his decision that the opinion of the Full Court should be obtained on such point.
(b) Application for the certificate of the presiding judge shall be made by summons in chambers.
82
CAP. 255]
[s. 26 cont.]
13 of 1948, s. 4.
13 of 1948, s. 4.
[cf. 7 Ed. 7, c. 23, s. 1(6).]
13 of 1948, s. 4.
Landlord and Tenant.
(5) The 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.
(6) The court may, on the application of the appellant, stay execution of any order of the tribunal for such time and on such terms, if any, as to security or otherwise, as it may deem just.
(7) (a) Upon the hearing of any such appeal whether by way of case stated or otherwise, the court may reverse or affirm the decision of the tribunal, or may amend or alter such decision by making any order which the tribunal would have had power to make in the matter, or may remit the matter to the tribunal with the opinion of the court thereon, or may make such other order in relation to the matter, and may make such orders as to costs in or connexion with the proceedings before the tenancy tribunal and before the court as may seem fit.
(b) Upon any appeal by way of case stated, the court. shall have power to cause the case stated to be sent back to the tribunal for amendment and thereupon. the same shall be amended accordingly.
(8) Upon any such appeal or upon any application for a case stated to be sent back for amendment a record of the proceedings before the tribunal if compiled in accordance with any rules in relation thereto made under section 29 or a certified copy of such record, shall without prejudice to any other method of proof be admissible as prima facie evidence of the evidence which was given and of the statements which were made before the tribunal and generally that the pro- ceedings therein recorded took place.
(9) (a) No appeal shall lie from any decision of fact, discretion or law made by the court unless the presiding judge certifies that in his opinion a point of law of such exceptional public importance arises from or as a consequence of his decision that the opinion of the Full Court should be obtained on such point.
(b) Application for the certificate of the presiding judge
shall be made by summons in chambers.
82
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