sec.61Removal and remission

### sec.61 Removal and remission If a proceeding is started in another court, but is a proceeding that is required to be heard and determined only by the Court of Appeal— the proceeding is taken to have been duly started when it was started in the other court; and the Court of Appeal may, on application by a party or of its own motion, order that the proceeding be removed into the Court of Appeal; and on an order being made under paragraph (b) , the proceeding must be continued and disposed of in the Court of Appeal; and subject to any order under paragraph (b) , the proceeding may be continued and disposed of in the other court. If a proceeding is started in the Court of Appeal, but is a proceeding that the Court of Appeal considers could be more conveniently heard and determined in another court— the proceeding is taken to have been duly started when it was started in the Court of Appeal; and the Court of Appeal may, on application by a party or of its own motion, order that the proceeding be remitted to the other court; and on an order for remission being made under paragraph (b) , the proceeding must be continued and disposed of in the other court; and subject to any order under paragraph (b) , the proceeding may be continued and disposed of in the Court of Appeal. If a proceeding is pending before the Court of Appeal, the Court of Appeal may, on application by a party or of its own motion, order that the whole or a part of the proceeding be remitted to another court for the determination (by trial or otherwise) of the proceeding or any question of fact or law arising in the proceeding. Subject to section 62 , the Court of Appeal may accept any determination of the other court in whole or part. If a proceeding (whether by way of appeal or otherwise), or a proceeding on a stated case (other than a case stated by another court), is started in the other court— the Court of Appeal, if satisfied that special circumstances exist that make it desirable to do so, may, on application by a party or of its own motion, order that the proceeding be removed into the Court of Appeal; and on an order being made under paragraph (a) , the proceeding must be continued and disposed of in the Court of Appeal. A proceeding may be removed into the Court of Appeal under this section despite any decision or determination in the proceeding being expressed by an Act to be final or without appeal. In this section— another court means the Trial Division or a District Court. s 61 amd 1992 No. 40 s 163 sch 1 ; 1997 No. 38 s 130 (sec.61-ssec.1) If a proceeding is started in another court, but is a proceeding that is required to be heard and determined only by the Court of Appeal— the proceeding is taken to have been duly started when it was started in the other court; and the Court of Appeal may, on application by a party or of its own motion, order that the proceeding be removed into the Court of Appeal; and on an order being made under paragraph (b) , the proceeding must be continued and disposed of in the Court of Appeal; and subject to any order under paragraph (b) , the proceeding may be continued and disposed of in the other court. (sec.61-ssec.2) If a proceeding is started in the Court of Appeal, but is a proceeding that the Court of Appeal considers could be more conveniently heard and determined in another court— the proceeding is taken to have been duly started when it was started in the Court of Appeal; and the Court of Appeal may, on application by a party or of its own motion, order that the proceeding be remitted to the other court; and on an order for remission being made under paragraph (b) , the proceeding must be continued and disposed of in the other court; and subject to any order under paragraph (b) , the proceeding may be continued and disposed of in the Court of Appeal. (sec.61-ssec.3) If a proceeding is pending before the Court of Appeal, the Court of Appeal may, on application by a party or of its own motion, order that the whole or a part of the proceeding be remitted to another court for the determination (by trial or otherwise) of the proceeding or any question of fact or law arising in the proceeding. (sec.61-ssec.4) Subject to section 62 , the Court of Appeal may accept any determination of the other court in whole or part. (sec.61-ssec.5) If a proceeding (whether by way of appeal or otherwise), or a proceeding on a stated case (other than a case stated by another court), is started in the other court— the Court of Appeal, if satisfied that special circumstances exist that make it desirable to do so, may, on application by a party or of its own motion, order that the proceeding be removed into the Court of Appeal; and on an order being made under paragraph (a) , the proceeding must be continued and disposed of in the Court of Appeal. (sec.61-ssec.6) A proceeding may be removed into the Court of Appeal under this section despite any decision or determination in the proceeding being expressed by an Act to be final or without appeal. (sec.61-ssec.7) In this section— another court means the Trial Division or a District Court. - (a) the proceeding is taken to have been duly started when it was started in the other court; and - (b) the Court of Appeal may, on application by a party or of its own motion, order that the proceeding be removed into the Court of Appeal; and - (c) on an order being made under paragraph (b) , the proceeding must be continued and disposed of in the Court of Appeal; and - (d) subject to any order under paragraph (b) , the proceeding may be continued and disposed of in the other court. - (a) the proceeding is taken to have been duly started when it was started in the Court of Appeal; and - (b) the Court of Appeal may, on application by a party or of its own motion, order that the proceeding be remitted to the other court; and - (c) on an order for remission being made under paragraph (b) , the proceeding must be continued and disposed of in the other court; and - (d) subject to any order under paragraph (b) , the proceeding may be continued and disposed of in the Court of Appeal. - (a) the Court of Appeal, if satisfied that special circumstances exist that make it desirable to do so, may, on application by a party or of its own motion, order that the proceeding be removed into the Court of Appeal; and - (b) on an order being made under paragraph (a) , the proceeding must be continued and disposed of in the Court of Appeal.