1988 Ed.] The Rules of the Supreme Court-Order 53
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(5) Each party to the application must supply to every other party copies of every affidavit which he proposes to use at the hearing, including, in the case of the applicant, the affidavit in support of the application for leave under rule 3.
Claim for damages (O. 53, r. 7)
7. (1) On an application for judicial review the judge may, subject to paragraph (2), award damages to the applicant if—
(a) he has included in the statement in support of his application for leave under rule 3 a claim for damages arising from any matter to which the application relates, and
(b) the Court is satisfied that, if the claim had been made in an action begun by the applicant at the time of making his application, it could have been awarded damages.
(2) Order 18, rule 12, shall apply to a statement relating to a claim for damages as it applies to a pleading.
Application for discovery, interrogatories, cross-examination, etc.
(O. 53, r. 8)
8. (1) Unless the judge otherwise directs, any interlocutory application in proceedings on an application for judicial review may be made to any judge in chambers or a master.
(2) In this paragraph "interlocutory application" includes an application for an order under Order 24 or 26 or Order 38, rule 2(3), or for an order dismissing the proceedings by consent of the parties. (3) This rule is without prejudice to any statutory provision or rule of law restricting the making of an order against the Crown.
Hearing of application for judicial review (O. 53, r. 9)
9. (1) On the hearing of any motion or summons under rule 5, any person who desires to be heard in opposition to the motion or summons, and appears to the Court to be a proper person to be heard, shall be heard, notwithstanding that he has not been served with notice of the motion or the summons.
(2) Where the relief sought is or includes an order of certiorari to remove any proceedings for the purpose of quashing them, the applicant may not question the validity of any order, warrant, commitment, conviction, inquisition or record unless before the hearing of the motion or summons he has lodged with the Registrar a copy thereof verified by affidavit or accounts for his failure to do so to the satisfaction of the Court hearing the motion or summons.
(3) Where an order of certiorari is made in any such case as is referred to in paragraph (2), the order shall, subject to paragraph (4), direct that the proceedings shall be quashed forthwith on their removal into the High Court.
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1988 Ed.] The Rules of the Supreme Court-Order 53
[CAP. 4
(5) Each party to the application must supply to every other party copies of every affidavit which he proposes to use at the hearing, including, in the case of the applicant, the affidavit in support of the application for leave under rule 3.
Claim for damages (O. 53, r. 7)
7. (1) On an application for judicial review the judge may, subject to paragraph (2), award damages to the applicant if—
(a) he has included in the statement in support of his applica- tion for leave under rule 3 a claim for damages arising from any matter to which the application relates, and
(b) the Court is satisfied that, if the claim had been made in an action begun by the applicant at the time of making his application, it could have been awarded damages.
(2) Order 18, rule 12, shall apply to a statement relating to a claim for damages as it applies to a pleading.
Application for discovery, interrogatories, cross-examination, etc.
(0. 53, r. 8)
8. (1) Unless the judge otherwise directs, any interlocutory application in proceedings on an application for judicial review may be made to any judge in chambers or a master.
(2) In this paragraph "interlocutory application" includes an application for an order under Order 24 or 26 or Order 38, rule 2(3), or for an order dismissing the proceedings by consent of the parties. (3) This rule is without prejudice to any statutory provision or rule of law restricting the making of an order against the Crown.
Hearing of application for judicial review (O. 53, r. 9)
9. (1) On the hearing of any motion or summons under rule 5, any person who desires to be heard in opposition to the motion or summons, and appears to the Court to be a proper person to be heard, shall be heard, notwithstanding that he has not been served with notice of the motion or the summons.
(2) Where the relief sought is or includes an order of certiorari to remove any proceedings for the purpose of quashing them, the applicant may not question the validity of any order, warrant, commitment, conviction, inquisition or record unless before the hearing of the motion or summons he has lodged with the Registrar a copy thereof verified by affidavit or accounts for his failure to do so to the satisfaction of the Court hearing the motion or summons.
(3) Where an order of certiorari is made in any such case as is referred to in paragraph (2), the order shall, subject to paragraph (4), direct that the proceedings shall be quashed forthwith on their removal into the High Court.
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[Subsidiary]
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