10Hearings

10 Hearings

(1)  Election dispute proceedings in respect of the same election are to be heard in the same hearing.

(2)  Subject to subregulation (1) , applications are to be heard in the order in which they appear in the list.

(3)  Notice of the time and place for the hearing of an election dispute is to be given, at least 7 days before the day of the hearing, in the manner prescribed by the Rules of Court.

(4)  A hearing is to be in open court without a jury.

(5)  The Supreme Court may adjourn the hearing from time to time but the hearing, so far as is reasonably practicable, is to be continued from day to day until its conclusion.

(6)  A hearing in relation to the election of a councillor is to proceed despite a subsequent resignation of the councillor.

(7)  The Supreme Court may inquire –

(a) into the identity of electors; and

(b) whether or not their votes were properly admitted or rejected for the purpose of an election.

(8)  The Supreme Court may not inquire into the correctness of the electoral roll.

(9)  The Supreme Court is to be guided by the substantial merits and good conscience of the case without regard to –

(a) any legal forms or technicalities; or

(b) whether the evidence before the Court is in accordance with the law of evidence or not.