GENET v. SCHUMACHER AND STRAUMANN (No. 2) (001) [1923] SLCA 3 (23 February 1923);

Search Summary: 

Civil Procedure - appeals - leave to appeal - application under Appeals to Privy Council Order in Council, 1909, r.2(a) purely formal, not continuation of hearing - court may be constituted differently from that which gave judgment: Since under the Appeals to Privy Council Order in Council, 1909, r.2(a), an applicant may have leave to appeal as of right if the matter in dispute on appeal is valued in excess of £300, an application under that sub-section is purely formal, the court having power only to settle the amount of security required and any other conditions of appeal; as such an application is not a continuation of the hearing of the case it is not necessary that the court should be constituted in exactly the same way as that from whose judgment the appeal is taken (page 83, lines 18-39)

Civil Procedure - change of judge - application for leave to appeal - court hearing application under Appeals to Privy Council Order in Council, 1909, r.2(a) may be constituted differently from that which gave judgment: See [1] above.

 Courts- Full Court- constitution- court hearing application for leave to appeal to Privy Council may be constituted differently from that which gave judgment appealed from: See [1] above. 

Law Report Citation: 
1920-36 ALR S.L. 80