Planning and Environment Court Act 2016
sec.34Power to state case for Court of Appeal
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sec.34 Power to state case for Court of Appeal
This section applies if— a question of law arises during a P&E Court proceeding; and the proceeding has not ended; and the P&E Court judge presiding considers it desirable that the Court of Appeal decides the question. The P&E Court judge may state the question in the form of a case stated for the Court of Appeal’s opinion. Until the Court of Appeal decides the case stated, the P&E Court can not make a decision to which the question is relevant. The P&E Court can not, in the P&E Court proceeding, proceed in a way, or make a decision, inconsistent with the Court of Appeal’s decision on the case stated. (sec.34-ssec.1) This section applies if— a question of law arises during a P&E Court proceeding; and the proceeding has not ended; and the P&E Court judge presiding considers it desirable that the Court of Appeal decides the question. (sec.34-ssec.2) The P&E Court judge may state the question in the form of a case stated for the Court of Appeal’s opinion. (sec.34-ssec.3) Until the Court of Appeal decides the case stated, the P&E Court can not make a decision to which the question is relevant. (sec.34-ssec.4) The P&E Court can not, in the P&E Court proceeding, proceed in a way, or make a decision, inconsistent with the Court of Appeal’s decision on the case stated.
- (a) a question of law arises during a P&E Court proceeding; and
- (b) the proceeding has not ended; and
- (c) the P&E Court judge presiding considers it desirable that the Court of Appeal decides the question.