565Special case by agreement

565 Special case by agreement

(1)  The parties may agree by stating the questions of law arising in a proceeding in the form of a special case for the opinion of the Court.

(2)  A special case is to –

(a) be divided into consecutively numbered paragraphs; and

(b) state concisely the facts and documents necessary to enable the Court to decide questions raised.

(3)  A special case is to be –

(a) [Rule 565 Subrule (3) amended by S.R. 2008, No. 128, Applied:31 Dec 2008] signed by the parties or their practitioners; and

(b) filed by the plaintiff.

(4)  A party may file a request that a special case be entered for argument.

(5)  A party filing a request to enter a special case for argument is to file –

(a) a copy of the special case for the use of the judge; and

(b) 2 copies of the whole of the originating process and of the pleadings or issues –

(i) showing the questions for determination; and

(ii) [Rule 565 Subrule (5) amended by S.R. 2008, No. 128, Applied:31 Dec 2008] certified by the practitioner for the party as correct and complete.

(6)  On filing a request that a special case be entered for argument, the registrar is to refer the request to a judge who may –

(a) direct that the special case be entered for argument; or

(b) require the parties to attend before him or her or another judge.

(7)  If the parties attend before a judge under a direction, the judge may –

(a) give all necessary and appropriate directions concerning the special case; and