1964_SUPREME_COURT_ORDINANCE — Page 41

Supreme Court

[1989 Ed.

(b) one or more members of the Court is or are unable to continue, the Court shall remain duly constituted for the purpose of those proceedings so long as the number of members (whether even or uneven) is not reduced to less than 3.

(4) The Court shall, if it consists of 2 Justices of Appeal, be duly constituted for the purpose of-

(a) hearing and determining any appeal against an interlocutory order or interlocutory judgment;

(b) hearing and determining any appeal against a decision of a single Justice of Appeal acting by virtue of section 35(1);

(c) hearing and determining any appeal where all the parties have before the hearing filed a consent to the appeal being heard and determined by 2 Justices of Appeal;

(d) hearing the remainder of, and determining, any appeal where part of it has been heard by 3 or more Justices of Appeal of whom one or more are unable to continue and all the parties have consented to the remainder of the appeal being heard, and the appeal being determined, by 2 remaining Justices of Appeal;

or

(e) hearing and determining an appeal of any such description or in any such circumstances not covered by paragraphs (a) to (d) as may be prescribed for the purposes of this subsection by an order made by the Chief Justice.

(5) Where-

(a) an appeal has been heard by the Court consisting of an even number of Justices of Appeal; and

(b) the members of the Court are equally divided,

the case shall, on the application of any party to the appeal, be re-argued before and determined by an uneven number of Justices of Appeal not less than 3, before any appeal to the Privy Council.

(6) In any cause or matter pending before the Court a single Justice of Appeal may at any time during any vacation make an interim order to prevent prejudice to the claims of any parties pending an appeal.

(7) Section 53 shall apply in relation to causes and matters before the Court as it applies in relation to causes and matters before the High Court.

(Added 52 of 1987 s. 27) [cf. 1981 c. 54 s. 54 U.K.]

35. Powers of single judge in Court of Appeal

(1) Subject to subsection (3), in pursuance of the civil jurisdiction of the Court of Appeal, any order or direction not involving the determination of the appeal may be made or given by a single judge sitting in court or in chambers,