2BLeave to appeal from interlocutory judgments of the Court

2B Leave to appeal from interlocutory judgments of the Court

An application for leave to appeal from an interlocutory judgment of the Court may be made orally to the Judge who has pronounced the judgment at the time of its pronouncement.

3 How applications for leave to appeal to be made

Except in cases to which rule 2B applies or the Court or a Judge otherwise directs, an application for leave shall be:

(a) made by motion on notice to a single Judge or a Full Court; and

(b) determined by the Court upon the basis of written submissions, to be filed and served within such time as the Court or a Judge may specify, and without oral argument.

4 Form of application — Form 54

(1) An application must be in accordance with Form 54.

(2) An application shall be accompanied by an affidavit showing:

(a) the nature of the case;

(b) the questions involved; and

(c) the reasons why leave should be given.

5 Time for filing application

An application must be filed within 21 days after:

(a) the date when the judgment appealed from was pronounced; or

(b) any later date fixed for that purpose by the court or judge who pronounced the decision.

An application and accompanying affidavit must be served on each person who was a party to or given leave to intervene in the proceeding in the court appealed from within 5 days of the filing of the application.

7 Appearance

Where there is a respondent to the application, the application 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.

8 Time for filing and service of affidavits

A respondent who desires to adduce evidence must file and serve any affidavits within 14 days of the service of the application on him or her.

9 Setting down for hearing

The application shall be set down for decision by the Registrar at the proper place.

10 Directions hearing

(1) Within 7 days of the expiration of the period referred to in rule 8, any party may apply for a directions hearing in connection with the determination of the application, and the application shall be listed for directions accordingly.

(2) If a Judge so directs, the application must be listed for directions.

Division 2 Appeals

If the Court directs that a party other than the appellant shall have the carriage of the appeal, or of a proceeding in or arising out of an appeal, these Rules apply as if that party were included in the description appellant.