1988 Ed.] The Rules of the Supreme Court Order 59
[CAP. 4
A 215
(c) to contend by way of cross-appeal that the decision of the
court below was wrong in whole or in part,
must give notice to that effect, specifying the grounds of his contention and, in a case to which sub-paragraph (a) or (c) relates, the precise form of the order which he proposes to ask the Court to make.
(2) Except with the leave of the Court of Appeal or a single judge or the Registrar, a respondent shall not be entitled on the hearing of the appeal to apply for any relief not specified in a notice under paragraph (1) or to rely, in support of any contention, upon any ground which has not been specified in such a notice or relied upon by the court below.
(HK)(3) Any notice given by a respondent under this rule (in this Order referred to as a "respondent's notice") must be served on the appellant, and on all parties to the proceedings in the court below who are directly affected by the contentions of the respondent, and must be served----
(a) where the notice of appeal related to an interlocutory
order, within 14 days, and
(b) in any other case, within 21 days,
after the service of the notice of appeal on the respondent.
(4) A party by whom a respondent's notice is given must, within 2 days after service of the notice, furnish 2 copies of the notice to the Registrar.
Amendment of notice of appeal and respondent's notice (O. 59, r. 7)
7. (1) A notice of appeal or respondent's notice may be amended--
(a) by or with the leave of the Court of Appeal, a single judge
or the Registrar at any time;
(b) without such leave, by supplementary notice served not less than three weeks before the date fixed for the hearing of the appeal.
(2) A party by whom a supplementary notice is served under this rule must, within 2 days after service of the notice, furnish two copies of the notice to the Registrar.
Directions of the Court as to service (O. 59, r. 8)
8. (1) The Court of ... Appeal, or a single judge or the Registrar may in any case direct that a notice of appeal or respondent's notice be served on any party to the proceedings in the court below on whom it has not been served, or on any person not party to those proceedings.
(2) Where a direction is given under paragraph (1) the hearing of the appeal may be postponed or adjourned for such period and on such terms as may be just and such judgment may be given and such
[Subsidiary]
Page 215
Page 216
1988 Ed.] The Rules of the Supreme Court Order 59
[CAP. 4
A 215
(c) to contend by way of cross-appeal that the decision of the
court below was wrong in whole or in part,
must give notice to that effect, specifying the grounds of his conten- tion and, in a case to which sub-paragraph (a) or (c) relates, the precise form of the order which he proposes to ask the Court to make.
(2) Except with the leave of the Court of Appeal or a single judge or the Registrar, a respondent shall not be entitled on the hearing of the appeal to apply for any relief not specified in a notice under paragraph (1) or to rely, in support of any contention, upon any ground which has not been specified in such a notice or relied upon by the court below.
(HK)(3) Any notice given by a respondent under this rule (in this Order referred to as a "respondent's notice") must be served on the appellant, and on all parties to the proceedings in the court below who are directly affected by the contentions of the respondent, and must be served----
(a) where the notice of appeal related to an interlocutory
order, within 14 days, and
(b) in any other case, within 21 days,
after the service of the notice of appeal on the respondent.
(4) A party by whom a respondent's notice is given must, within 2 days after service of the notice, furnish 2 copies of the notice to the Registrar.
Amendment of notice of appeal and respondent's notice (O. 59, г. 7)
7. (1) A notice of appeal or respondent's notice may be amended--
(a) by or with the leave of the Court of Appeal, a single judge
or the Registrar at any time;
(b) without such leave, by supplementary notice served not less than three weeks before the date fixed for the hearing of the appeal.
(2) A party by whom a supplementary notice is served under this rule must, within 2 days after service of the notice, furnish two copies of the notice to the Registrar.
Directions of the Court as to service (O. 59, r. 8)
8. (1) The Court of Appeal, or a single judge or the Regis- trar may in any case direct that a notice of appeal or respondent's notice be served on any party to the proceedings in the court below on whom it has not been served, or on any person not party to those proceedings.
(2) Where a direction is given under paragraph (1) the hearing of the appeal may be postponed or adjourned for such period and on such terms as may be just and such judgment may be given and such
[Subsidiary]
Page 215Page 216
No comments yet.
Private notes are available after approval.