x
x
x
x
resident within the limits of its jurisdiction who is, because of sickness
or infirmity, unable to attend Court;
resident beyond the limits of the Court’s jurisdiction;
who is about to leave such limits;
who, being a civil or military officer of a Partner State or a servant of
the Community, cannot attend the Court without detriment to the public
service.
Such Commissions or letters are issued only:
x
x
where the evidence, from a person resident outside the Court’s
jurisdiction, is “necessary”;
if the Court so orders, and only after payment into Court of the
expenses of the Commission by the party requesting or benefiting from
the commission [Rule 58(3) & (5)].
The commission together with the evidence taken under it are returned to the Court
to form part of the record of the proceedings [Rule 58(4)].
C. Trial Proceedings
(1) Quorum of the Court
The quorum for the First Instance Division is 3 Judges, one of whom is the Principal
Judge or Deputy Principal Judge. However, having regard to the public importance
of the matter in issue or to any conflict or other complexity in the applicable law, the
Principal Judge or the Court may direct such matter to be heard and determined by
the full bench of the Division [Rule 59(1)].
The following interlocutory (i.e. intervening) matters may be handled by a single
judge of the First Instance Division [Rule 59(2)]:
x
x
x
x
x
x
application to extend any time prescribed by the Court’s Rules;
application to extend the validity of a notification;
application for substituted service;
application to examine a serving officer;
application for leave to amend a party’s pleadings;
scheduling conference.
If you are dissatisfied with the decision of the single judge you may (for “sufficient
reasons”) appeal directly to the Appellate Division of the Court [Rules 59(3)].
14