144Right of Tribunal to state case

144 Right of Tribunal to state case

(1)  This section applies in relation to a matter in a proceeding before the Tribunal if, in the opinion of the Tribunal, the matter involves a question of law of such public and general importance as to make it desirable in the public interest that the matter should be determined by the Supreme Court.

(2)  If this section applies in relation to a matter in a proceeding before the Tribunal –

(a) the Tribunal, instead of determining the matter, may prepare and state a case for the opinion of the Supreme Court; and

(b) the Tribunal may adjourn the hearing of the matter until a new date determined by the Tribunal after the Tribunal receives the opinion of the Supreme Court on the matter.

(3)  If this section applies in relation to a matter in a proceeding before the Tribunal, the Tribunal must –

(a) immediately prepare and state a case –

(i) setting forth the material facts as found by the Tribunal; and

(ii) stating the question of law on which the Tribunal desires the opinion of the Supreme Court; and

(b) transmit the case without delay to the Registrar of the Supreme Court.

(4)  If the Registrar of the Supreme Court receives a case stated delivered to the Registrar under this section, the Registrar must –

(a) set the case down for hearing; and

(b) give the parties at least 5 business days' notice of the hearing.

(5)  On the hearing of a case stated, the Supreme Court –

(a) is to be constituted by a single judge; and

(b) may remit the case to the Tribunal for amendment if, in the Court's opinion, the case is defective; and

(c) may reserve the case or any point arising on the case for the Full Court; and

(d) is to cause the case to be remitted to the Tribunal with the opinion of the Court on the question submitted in the case.