New South Wales Consolidated Acts

SUPREME COURT ACT 1970 - SECT 45AA

45AA Continuation of appeal if one or more Judges unable to continue

(1) If an appeal is commenced before 3 or more Judges of Appeal and, before the appeal is determined, one or more of the Judges dies, resigns from office or otherwise becomes unable to continue as a member of the Court of Appeal for the purposes of the appeal, the hearing and determination of the appeal may be completed by the remaining Judges of Appeal so long as at least 2 Judges remain and the parties consent.

(2) If the appeal concerned is to be heard and determined by only 2 Judges of Appeal and those Judges are divided in opinion--

(a) as to the decision determining the appeal--the appeal is to be reheard and determined by the Court of Appeal constituted by such 3 or more Judges of Appeal as the President of the Court of Appeal directs (including, if practicable, the 2 Judges of Appeal who completed the hearing of the appeal), or

(b) as to any other decision--the decision of the Court is to be in accordance with the opinion of the senior Judge present.

(3) This section has effect despite any other provision of this Division.