Land Valuation Proceedings Act 1948

13 Quorum and decisions of court

(1)

The presence of a Judge of the High Court and of at least 1 additional member shall be necessary to constitute a sitting of the court.

(2)

The decision of a majority (including the Judge, or, where more than 1 Judge sits, including a majority of the Judges) of the members present at a sitting of the court shall be the decision of the court. If the members present are equally divided in opinion, the decision of the Judge, or of a majority of the Judges, shall be the decision of the court.

(3)

If any question before the court cannot be decided in accordance with subsection (2), the question shall be referred to the Court of Appeal for decision in accordance with the practice and procedure of that court, which for that purpose shall have all the powers of the court under this Act. The decision of the Court of Appeal in any proceedings under this subsection shall be final and shall take effect and be enforced as if it were a decision of the court under this Act.

(4)

Notwithstanding anything in the foregoing provisions of this section, a Judge of the High Court sitting alone shall have jurisdiction to make any of the following orders:

(a)

an order on any application made in the course of any proceedings:

(b)

an order which is not opposed:

(c)

an order in any proceedings which the parties agree should be heard and determined by a Judge alone:

(d)

an order in any proceedings where the matter in issue is substantially a question of law only:

(e)

an order made on the application of any party directing that any proceedings should be heard and determined by a Judge alone on the ground that the matter in issue is substantially a question of law only:

(f)

an order granting the leave of the court to appeal to the Court of Appeal.

Section 13: replaced, on 1 April 1969, by section 7 of the Land Valuation Proceedings Amendment Act 1968 (1968 No 42).

Section 13(1): amended, on 15 August 1991, by section 3(4) of the Judicature Amendment Act 1991 (1991 No 60).

Section 13(4): inserted, on 8 October 1970, by section 2 of the Land Valuation Proceedings Amendment Act 1970 (1970 No 25).

Section 13(4): amended, on 15 August 1991, by section 3(4) of the Judicature Amendment Act 1991 (1991 No 60).