A Party who lodges a statement cannot address the Court at the hearing of the
appeal except with the leave of the Court [Rule 100(4)].
(4) Scheduling Conference in the Appellate Division [Rule 99]
A scheduling conference is held in the Appellate Division within 14 days after the
close of pleadings or such other period as the President may direct. The purpose of
the conference is to ascertain:
x
x
x
x
points of agreement and disagreement between the Parties;
whether legal arguments shall be written or oral, or both;
the estimated length of the hearing; and
any other matters the Court deems necessary.
If the matter is to proceed to hearing, the Court fixes the hearing date [Rule 99(2)].
Where all the parties opt to present their legal arguments in writing, the Court fixes
the time for the parties to file their respective written legal arguments. The Court
may also fix the date on which the parties shall appear before a full Court to handle
any other matter the Court thinks necessary [Rule 99(3)].
(5) Hearing Notice
The Registrar gives all parties to an appeal at least 14 days’ notice of the hearing
date of an appeal; but it is not necessary to give that notice to any party with whose
consent the hearing date was fixed [Rule 101].
(6) Quorum in the Appellate Division
The quorum in the Appellate Division is three Judges, one of whom shall be the
President or Vice-President. However, having regard to the public importance of the
matter in issue or to any conflict or other complexity in the applicable law, the
President or the Court may direct such matter to be heard and determined by the full
bench of the Division [Rule 102].
The following interlocutory (i.e. intervening) matters may be handled and determined
by a single judge of the Appellate Division:
x
x
x
x
x
x
application to extend any time prescribed by the Court Rules;
application to extend the validity of a notification;
application for substituted service;
application for examining a serving officer;
application for leave to amend a party’s pleadings;
Scheduling conference ─ [Rule 102(2)].
A decision of the single judge of the Appellate Division may be varied, discharged or
reversed by the full Court. At the hearing by the full Court no additional evidence is
adduced [Rule 102(4)].
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