Preliminary point Sample Clauses

Preliminary point. [16] Xx. Xxxxxx Q.C. did not appear for Rayside in the High Court proceedings. He stated that he had been retained in the appeal shortly before the hearing on 16 March 2012, which continued on 30 April 2012. He nevertheless verbally raised the issue of how did the case “get into the High Court and move from the High Court here”. He stated that it was always his understanding that appeals from the Severance Payments Tribunal were heard by the Court of Appeal. [17] Xx. Xxxxxx stated that the procedural “Where under any enactment passed or made before the commencement of this Act, it is provided that an appeal, either by way of case stated or upon a point of law only, (a) lies from any inferior court to the High Court or to a judge of the Supreme Court, and (b) the

Preliminary point. [16] Xx. Xxxxxx Q.C. did not appear for Rayside in the High Court proceedings. He stated that he had been retained in the appeal shortly before the hearing on 16 March 2012, which continued on 30 April 2012. He nevertheless verbally raised the issue of how did the case “get into the High Court and move from the High Court here”. He stated that it was always his understanding that appeals from the Severance Payments Tribunal were heard by the Court of Appeal. [17] Xx. Xxxxxx stated that the procedural point was not taken in the High Court by counsel or by the judge of his own motion. Section 39 of the Act (commenced on 1 January 1973) which gave a right of final appeal on a question of law to the High Court from decisions of the Severance Payments Tribunal was substituted by section 63 of the Supreme Court of Judicature Act, Cap, 117A (commenced on 4 November 1991). Section 63 provides that: “Where under any enactment passed or made before the commencement of this Act, it is provided that an appeal, either by way of case stated or upon a point of law only, (a) lies from any inferior court to the High Court or to a judge of the Supreme Court, and (b) the decision of that court or judge is expressed by such enactment to be final, (1) specifically provides for the situation as follows: “Without prejudice to its powers under Order 3, rule 5, [Extension of time] the Court may direct a departure from the rules of this Order in any way where this is required in the interest of justice”. (Emphasis added.) [21] The new Supreme Court (Civil Procedure) Rules, 2008 (CPR) provide similarly. Rule