sec.43Application for review

### sec.43 Application for review An application for— a prerogative order; or a prerogative injunction; must be made by way of an application for review. An application for a declaration or injunction (other than a prerogative injunction)— may be made by way of an application for review if it would be appropriate to do so having regard to— the nature of the matters in relation to which relief may be sought; or the nature of the persons against whom relief may be sought; in an application for a prerogative order or prerogative injunction; and may be made by way of an application for review, whether or not a prerogative order or prerogative injunction is sought in the application. If— an application for a declaration or injunction (other than a prerogative injunction) is made under subsection (2) ; and the court considers— that the relief sought should not be granted on an application for review; and that the relief may have been granted if it had been sought in an action begun by writ of summons or originating summons by the applicant at the time of starting the application for review; the court may, instead of refusing the application, order the proceeding to continue as if it had been begun in the way mentioned in paragraph (b) (ii) . (sec.43-ssec.1) An application for— a prerogative order; or a prerogative injunction; must be made by way of an application for review. (sec.43-ssec.2) An application for a declaration or injunction (other than a prerogative injunction)— may be made by way of an application for review if it would be appropriate to do so having regard to— the nature of the matters in relation to which relief may be sought; or the nature of the persons against whom relief may be sought; in an application for a prerogative order or prerogative injunction; and may be made by way of an application for review, whether or not a prerogative order or prerogative injunction is sought in the application. (sec.43-ssec.3) If— an application for a declaration or injunction (other than a prerogative injunction) is made under subsection (2) ; and the court considers— that the relief sought should not be granted on an application for review; and that the relief may have been granted if it had been sought in an action begun by writ of summons or originating summons by the applicant at the time of starting the application for review; the court may, instead of refusing the application, order the proceeding to continue as if it had been begun in the way mentioned in paragraph (b) (ii) . - (a) a prerogative order; or - (b) a prerogative injunction; - (a) may be made by way of an application for review if it would be appropriate to do so having regard to— (i) the nature of the matters in relation to which relief may be sought; or (ii) the nature of the persons against whom relief may be sought; in an application for a prerogative order or prerogative injunction; and - (i) the nature of the matters in relation to which relief may be sought; or - (ii) the nature of the persons against whom relief may be sought; - (b) may be made by way of an application for review, whether or not a prerogative order or prerogative injunction is sought in the application. - (i) the nature of the matters in relation to which relief may be sought; or - (ii) the nature of the persons against whom relief may be sought; - (a) an application for a declaration or injunction (other than a prerogative injunction) is made under subsection (2) ; and - (b) the court considers— (i) that the relief sought should not be granted on an application for review; and (ii) that the relief may have been granted if it had been sought in an action begun by writ of summons or originating summons by the applicant at the time of starting the application for review; - (i) that the relief sought should not be granted on an application for review; and - (ii) that the relief may have been granted if it had been sought in an action begun by writ of summons or originating summons by the applicant at the time of starting the application for review; - (i) that the relief sought should not be granted on an application for review; and - (ii) that the relief may have been granted if it had been sought in an action begun by writ of summons or originating summons by the applicant at the time of starting the application for review;