Senior Courts Bill

  • enacted
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144 High Court Rules

(1)

The practice and procedure of the High Court in all civil proceedings is regulated by the High Court Rules.

(2)

The High Court Rules are subject to any other rules that are made under section 145 that regulate the practice and procedure of any senior court in any class of civil proceedings.

(3)

If any provision of the High Court Rules or of any rules made under section 145 restricts or excludes the application of any provisions of the High Court Rules, the provision giving effect to the restriction or exclusion has effect according to its terms.

(4)

If in any civil proceedings any question arises as to the application of any provision of the High Court Rules or of any rules made under section 145, the court may, either on the application of any party or of its own motion on its own initiative, determine the question and give any directions that it thinks fit.

(5)

Subsection (1) is subject to—

(a)

subsections (2) to (4); and

(b)

sections 9, 38 to 41, 145 to 152, 158, 161, 170, 172, 177, and 178.

Compare: 1908 No 89 s 51