17BReference of matters to Court of Appeal

17B Reference of matters to Court of Appeal (1) Any case or question in a case which for any reason is deemed fit to be re-argued before decision or to be re-heard before final judgment, may be argued before the Court of Appeal, if the Trial Division so directs. S. 17B(2) amended by No. 24/2008 s. 19(2). (2) The Trial Division constituted by a Judge of the Court or constituted by an Associate Judge may, at the request of one of the parties but (unless the contrary is expressly enacted) not otherwise, reserve any proceeding or question in a proceeding for the consideration of the Court of Appeal, or direct any proceeding or question in a proceeding to be argued before the Court of Appeal. (3) If a case, question or proceeding is reserved for the consideration of the Court of Appeal, or is directed by the Trial Division to be argued before it the Court of Appeal and— (a) the Court of Appeal gives leave, the case, proceeding or question may be considered by, or argued before, the Court of Appeal; or (b) the Court of Appeal refuses leave, the case, proceeding or question must be remitted to the Trial Division for determination by it. Pt 2 Div. 2B (Heading and ss 17C–17K) inserted by No. 78/2008 s. 5.