A single Judge may exercise any power of the Appellate Division except the power
to make a decision on appeal [Rule 103)].
(7) Open Court hearings
Appeals are heard in open Court ─ with the public allowed access (court space
permitting and so long as the public observes orderly Court conduct) [Rule 105(1)].
The Presiding Judge may, in exceptional circumstances direct that the public or any
particular person or category of persons be excluded or removed from the Court.
Nothing in all this prejudices the inherent power of the Court to hear proceedings in
camera [Rule 105(3)].
(8) Arguments at the hearing
Except with the Court’s leave, at the hearing of an appeal—
x
a party cannot argue that the decision of the First Instance Division should be
reversed or varied on any other ground ─ except on the grounds specified in
the memorandum of appeal or in a notice of cross-appeal [Rule 106(a)];
x
a party cannot support the decision of the Court of First Instance on any
ground not relied on by that Court or specified in the notice given [Rule
106(a)];
x
a Respondent cannot raise any objection to the competence of the appeal
which might have been raised by application (under Rule 81 of the Court’s
Rules) to strike out the notice of appeal [Rule 106(b)].
The Court does not allow an appeal or cross-appeal ─
x on any ground not set forth in the memorandum of appeal or notice of crossappeal; or
x
without affording the Respondent, or any person who in relation to that ground
should have been made a Respondent, or the Appellant, as the case may be,
an opportunity of being heard on that ground [Rule 106(c)].
The arguments contained in a statement lodged with the Court by a Party who opts
not to appear in person or by an advocate receive the same consideration as is
afforded oral arguments advanced at the hearing of the appeal [Rule 106(d)].
(9) Judgment on Appeal
The Appellate Division pronounces its judgment in open Court, at the conclusion of
the hearing or on a subsequent date notified by the Registrar to all the parties to the
appeal [Rule 109(1)].
The judgment may be pronounced notwithstanding the absence of all or any of the
Judges who composed the Division. The judgment of any Judge not present may
be read by a Judge or by the Registrar [Rule 109(2)].
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