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Order 62
Cases Stated for the High Court
1.[1] Every case stated by a Judge of the District Court under the Summary Jurisdiction Act 1857 (20 and 21 Vic. c. 43) shall be transmitted to the Central Office by the party requesting the case within fourteen days after receiving such case.
2.[2] [ • ]
3. Where any other case is stated for determination by the Court, the case may be transmitted to the Central Office by the person or tribunal stating the same or by any party to the proceedings in or in relation to which the case is stated.
4. Any case may be transmitted to the Central Office by delivering the same to the proper officer, and upon receipt thereof the proper officer shall forthwith file the same and set it down for hearing; but it shall not appear in the list for hearing until the expiration of ten days after it shall have been so received.
5. Immediately before transmitting the case to the Central Office, the person transmitting the same shall give notice thereof to every other party to the proceedings in or in relation to which the case is stated.
6. At the time when the case is transmitted to the Central Office or within ten days thereafter, the party transmitting the same shall lodge with the proper officer one copy, or such further number of copies as may be required for the use of the Court, of the case stated and of the documents (if any) referred to therein.
7. Any party to the proceedings shall be entitled to obtain, on application to the proper officer and upon payment of the prescribed fee, one or more copies of the case stated or of the documents (if any) referred to therein.
[1] Order 62 rule 1 substituted by SI 293 of 2014, effective 21 July 2014. This substituted “three days” with “fourteen days”.
[2] Order 62 rule 2 deleted by SI 361 of 2010, effective 17 August 2010. SI 361 of 2010, article 2 also provides: “Nothing in these Rules shall: (a) affect the validity of any step taken or any other thing done in any proceedings concerning any arbitration initiated before the repeal by section 4 of the Arbitration Act 2010 of the Arbitration Acts 1954 to 1998 (in this Article, the “repeal”), and any such proceedings shall, save where the court in those proceedings otherwise orders, be continued and completed as if these Rules had not been made; (b) require that any proceedings, whether or not pending before a court or before an arbitral tribunal at the time of the repeal, in respect of any right, privilege, obligation or liability acquired, accrued or incurred under the Arbitration Acts 1954 to 1998 be taken in accordance with these Rules and any proceedings taken under those Acts in respect of any such right, privilege, obligation or liability may be instituted, continued or enforced as if these Rules had not been made.”.