14AAppearance by respondent

14A Appearance by respondent

Where there is a respondent to the appeal, the notice of appeal must bear a note that before taking any step in the proceedings, the respondent must enter an appearance in the Registry and the respondent shall enter an appearance accordingly unless the respondent has already entered a notice of appearance pursuant to rule 7.

15 Time for filing and serving notice of appeal

(1) The notice of appeal must be filed and served:

(a) within 21 days after:

(i) the date when the judgment appealed from was pronounced;

(ii) the date when leave to appeal was granted; or

(iii) any later date fixed for that purpose by the court appealed from; or

(b) within such further time as is allowed by the Court or a Judge upon application made by motion upon notice filed within the period of 21 days referred to in the last preceding paragraph.

(2) Notwithstanding anything in the preceding subrule, the Court or a Judge for special reasons may at any time give leave to file and serve a notice of appeal.

(3) An application for extension of time must be made in accordance with Form 54A and be accompanied by an affidavit showing:

(a) the nature of the case;

(b) the questions involved; and

(c) the reason why leave should be given.

16 Filing in courts and service upon parties

(1) Where the court appealed from is the Court of a State or Territory, a copy of the notice of appeal must be filed in the office of the Registrar, Master or other proper officer of that court.

(2) The notice of appeal must be served upon each person who was a party to or given leave to intervene in the proceeding in the court appealed from.

(3) The Court may direct that the notice of appeal be served on any other person.

17 Stay

(1) An appeal to the Court does not:

(a) operate as a stay of execution or of proceedings under the judgment appealed from; or

(b) invalidate any intermediate act or proceedings;

except so far as the Court or a Judge or the court below may direct.

(2) The Court may vary or vacate any direction of the Court or the court below referred to in subrule (1).

(3) An application for a direction of the Court or a Judge under subrule (1) must be made to the Court or a Judge by motion upon notice, and may be made whether or not a similar application has been made to the court below. An application for a direction under subrule (2) must be made to the Court or a Judge by motion upon notice, and may be made whether or not a similar application has been made to the court below.