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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 (SR NO 103 OF 2015) - REG 84.05

Appeal from determination by a judicial registrar

    (1)     Subject to paragraph (2), this Rule applies to any determination given or made by the Court constituted by a judicial registrar (including a determination in a matter referred to a judicial registrar under Rule 84.03 or 84.04).

    (2)     This Rule does not apply to any determination given or made or any other thing done by a judicial registrar where the judicial registrar is—

        (a)     acting as a judicial registrar in the Costs Court pursuant to Division 2B of Part 2 of the Act;

        (b)     acting as the Registrar of the Court of Appeal or as the Registrar of Criminal Appeals pursuant to Division 2B of Part 7 of the Act;

        (c)     acting as the proper officer of the Court for the purposes of the Judgment Debt Recovery Act 1984 ; or

        (d)     acting as the judicial registrar under Order 79 (Funds in Court).

    (3)     Subject to sections 14A and 17A of the Act and without limiting section 11(5) of the Act, an appeal from any determination to which this Rule applies lies to the Trial Division constituted by a Judge of the Court, except in the case of a determination of the Court of Appeal constituted by a judicial registrar in which case an appeal lies to the Court of Appeal constituted by a Judge of Appeal.

    (4)     An appeal under this Rule shall be conducted by way of hearing de novo.

    (5)     An appeal under this Rule shall be—

        (a)     brought by filing a notice of appeal in accordance with this Order; and

        (b)     otherwise in accordance with this Order.



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