109Interlocutory proceedings

### 109 Interlocutory proceedings > *\[Section 109 Substituted by No. 108 of 1974, s. 30 \]* > > > (1)  On the application of a person who has filed or been served with a notice to review, a judge may, *ex parte* or on summons to such parties as he requires or the rules or practice of the court require – > > > > > > (a) vary the return day of the notice to review; > > > > > > > (b) impose conditions as to costs and security to be complied with before the motion is heard; > > > > > > > (c) stay proceedings on the order or suspend the operation thereof *ab initio*; and > > > > > > > (d) admit the applicant for the review to bail – > > > > in his discretion and on such terms as to costs and otherwise as he thinks fit. > > > (2)  *\[Section 109 Subsection (2) amended by No. 115 of 1986, s. 18 \]*A clerk to justices who has been served with a notice to review shall forthwith deliver the notice to the justices and shall – > > > > > > (a) within 7 days of the delivery of the notice, cause to be transmitted to the Registrar of the Supreme Court the documents that are prescribed for that purpose (in this section referred to as "the prescribed documents"); and > > > > > > > (b) take such steps as are necessary to preserve any tape recording of the proceedings to which the notice relates. > > > (3)  *\[Section 109 Subsection (3) amended by No. 45 of 1986, s. 25 \]*A party to a notice to review is entitled to obtain from – > > > > > > (a) the Registrar of the Supreme Court an office copy of the prescribed documents or any part thereof; and > > > > > > > (b) the clerk to the justices, upon payment of the prescribed fee (if any), a certified transcript of the recording of the proceedings to which the notice relates or any portion of those proceedings specified by the party unless the clerk certifies that no recording of the proceedings exists from which a transcript may be taken. > > > (3A)  *\[Section 109 Subsection (3A) inserted by No. 45 of 1986, s. 25 \]*For the purposes of [subsection (3)](#GS109@Gs3@EN) , ***certified***, in relation to a transcript of the recording of proceedings, means certified by the person who transcribed the recording as being a true and accurate record of the recording. > > > (4)  Subject to [subsection (5)](#GS109@Gs5@EN) , on the hearing of a motion to review, the Supreme Court shall have regard to the prescribed documents transmitted under [subsection (2)](#GS109@Gs2@EN) and to such affidavits (if any) as have been filed that purport to set out material that was before the justices whose order is being reviewed. > > > (5)  The Supreme Court may have regard to the notes of evidence (if any) transmitted under [subsection (2)](#GS109@Gs2@EN) so far as they are not contradicted on oath, by affidavit, or otherwise.