|
Power of
review
1. (1) A
magistrate may on grounds that the
magistrate considers sufficient, review a
judgment or decision given by that
magistrate where either party has obtained
leave to appeal or a reference has been made
on a special case, and the appeal or
reference is not withdrawn.
(2) The
magistrate may, in the review open and re-hear
the case wholly or in part, and take fresh
evidence, reverse, vary, or confIrm the previous
judgment or decision.
Application
within fourteen days
2.
(1) An
application for review of a judgment shall be
made by motion on notice not later than fourteen
days after the judgment.
(2) The Court
shall not entertain an application for review
after the fourteen days, unless within thirty
days after the fourteen days an application for
special permission of the Court is filed.
(3) The Court
may grant the special permission on terms that
the Court considers just.
Parties to be
heard
3.
A party
shall be given the opportunity to be heard.
Application
for review not a stay of proceedings
4.
(1) The
application for review shall not of itself
operate as a stay of execution unless the Court
so orders, and the order may be made on terms as
to security for satisfaction or performance of
the judgment or otherwise as the court considers
necessary.
(2) Money paid
into Court in the action shall be retained to
await the result of the motion or the further
order of the Court. |
