696Preparation of case

696 Preparation of case

(1)  A court intending to reserve a question in the form of a special case or case stated may direct a party to –

(a) prepare a draft of the case; and

(b) deliver the draft to each other party.

(2)  The draft is to –

(a) state the question for the opinion or determination of the Court or a judge and any facts necessary to enable the Court or judge to give proper consideration to that question; and

(b) list all the documents referred to in the case; and

(c) be divided into paragraphs numbered consecutively.

(3)  The draft is to be delivered within –

(a) any period the court giving the direction orders; or

(b) if the court does not order a period, 21 days after the direction that the order be prepared.

(4)  After giving the parties a sufficient opportunity to be heard –

(a) the court is to settle the draft and return it to the party who prepared it; and

(b) that party is to lodge a sufficient number of copies of the draft with the court.

(5)  On the lodgment of the copies, the court is to sign one copy and certify a sufficient number of further copies.

(6)  The copy signed by the court is to be the case.