sec.44Powers of judge of appeal

### sec.44 Powers of judge of appeal A judge of appeal may exercise the powers of the Court of Appeal— to give a judgment by consent or make an order by consent; and to dismiss an appeal or other proceeding for want of prosecution or for other cause specified in an Act or a rule of court about the practices and procedures of the Court of Appeal; and to dismiss an appeal or other proceeding on the application of the appellant, applicant or plaintiff; and to deal with matters incidental to the matters mentioned in paragraphs (a) to (c) . A judge of appeal may exercise the powers of the Court of Appeal— to make an order or give a direction concerning the institution of an appeal or other proceeding in the Court of Appeal; or to make an order or give a direction in an appeal or other proceeding, other than an order or direction involving the determination or decision of the appeal or other proceeding. Subsection (2) does not limit the powers that a judge of appeal may exercise under subsection (1) . The Court of Appeal may discharge or vary— a judgment given by a judge of appeal; or an order made or direction given by a judge of appeal. Subject to subsection (4) , a judgment, order or direction given or made by a judge of appeal has effect as a judgment, order or direction of the Court of Appeal, whether or not the judgment, order or direction is within the powers of the judge of appeal under this section. s 44 prev s 44 amd 2001 No. 80 s 94 sch 2 ; 2007 No. 55 s 54 sch 1 om 2011 No. 45 s 187 pres s 44 amd 1995 No. 58 s 4 sch 1 ; 1997 No. 38 s 123 (sec.44-ssec.1) A judge of appeal may exercise the powers of the Court of Appeal— to give a judgment by consent or make an order by consent; and to dismiss an appeal or other proceeding for want of prosecution or for other cause specified in an Act or a rule of court about the practices and procedures of the Court of Appeal; and to dismiss an appeal or other proceeding on the application of the appellant, applicant or plaintiff; and to deal with matters incidental to the matters mentioned in paragraphs (a) to (c) . (sec.44-ssec.2) A judge of appeal may exercise the powers of the Court of Appeal— to make an order or give a direction concerning the institution of an appeal or other proceeding in the Court of Appeal; or to make an order or give a direction in an appeal or other proceeding, other than an order or direction involving the determination or decision of the appeal or other proceeding. (sec.44-ssec.3) Subsection (2) does not limit the powers that a judge of appeal may exercise under subsection (1) . (sec.44-ssec.4) The Court of Appeal may discharge or vary— a judgment given by a judge of appeal; or an order made or direction given by a judge of appeal. (sec.44-ssec.5) Subject to subsection (4) , a judgment, order or direction given or made by a judge of appeal has effect as a judgment, order or direction of the Court of Appeal, whether or not the judgment, order or direction is within the powers of the judge of appeal under this section. - (a) to give a judgment by consent or make an order by consent; and - (b) to dismiss an appeal or other proceeding for want of prosecution or for other cause specified in an Act or a rule of court about the practices and procedures of the Court of Appeal; and - (c) to dismiss an appeal or other proceeding on the application of the appellant, applicant or plaintiff; and - (d) to deal with matters incidental to the matters mentioned in paragraphs (a) to (c) . - (a) to make an order or give a direction concerning the institution of an appeal or other proceeding in the Court of Appeal; or - (b) to make an order or give a direction in an appeal or other proceeding, other than an order or direction involving the determination or decision of the appeal or other proceeding. - (a) a judgment given by a judge of appeal; or - (b) an order made or direction given by a judge of appeal.