Western Australian Current Acts

SUPREME COURT ACT 1935 - SECT 43

43 .         Judge may reserve case etc. for Court of Appeal

        (1)         Any judge, whether sitting in court or in chambers, may, in the exercise of civil or appellate jurisdiction, at any time before final judgment, and whether before or after argument, reserve any case, or any point or question in a case, for the consideration of the Court of Appeal, or may at any such time as aforesaid direct any case, point, or question to be argued before the Court of Appeal, or may give judgment in any cause or matter subject to the judgment of the Court of Appeal on any point or question arising in such cause or matter, and may reserve such point or question for such judgment, and the Court of Appeal shall thereupon hear and determine such case, point, or question.

        (2)         Any judge, whether sitting in court or in chambers, may, when granting a rule nisi or order to show cause, make the same returnable before the Court of Appeal.

        [Section 43 amended: No. 57 of 1975 s. 5; No. 45 of 2004 s. 27; No. 84 of 2004 s. 72.]