(1) On the hearing of the summons the Associate Judge may grant or refuse leave to appeal. Rule 4.09(2) amended by S.R. No. 100/2008 rule 16(1)(n). (2) Without limiting paragraph (1), the Associate Judge may refuse leave to appeal if satisfied— the applicant does not have a prima facie case on appeal; or to refuse leave would impose no substantial injustice. Rule 4.09(3) amended by S.R. No. 100/2008 rule 16(1)(n). (3) If leave to appeal is granted, the Associate Judge shall give directions with respect to the appeal. (4) If directions are given with respect to affidavits, no affidavit in respect of which directions have not been complied with shall be used without leave of the Court. Rule 4.09(5) amended by S.R. No. 100/2008 rule 16(1)(n). (5) The Associate Judge may in a proper case grant a stay of proceedings under the order of the tribunal. 4.10 Appeal Except as otherwise provided by any Act or Rule, an appeal from a tribunal shall be brought in accordance with Rule 4.11 and, unless leave to appeal has been given, Rules 4.12 and 4.13.
(1) On the hearing of the summons the Associate Judge may grant or refuse leave to appeal. Rule 4.09(2) amended by S.R. No. 100/2008 rule 16(1)(n). (2) Without limiting paragraph (1), the Associate Judge may refuse leave to appeal if satisfied— the applicant does not have a prima facie case on appeal; or to refuse leave would impose no substantial injustice. Rule 4.09(3) amended by S.R. No. 100/2008 rule 16(1)(n). (3) If leave to appeal is granted, the Associate Judge shall give directions with respect to the appeal. (4) If directions are given with respect to affidavits, no affidavit in respect of which directions have not been complied with shall be used without leave of the Court. Rule 4.09(5) amended by S.R. No. 100/2008 rule 16(1)(n). (5) The Associate Judge may in a proper case grant a stay of proceedings under the order of the tribunal. 4.10 Appeal Except as otherwise provided by any Act or Rule, an appeal from a tribunal shall be brought in accordance with Rule 4.11 and, unless leave to appeal has been given, Rules 4.12 and 4.13.
08-94sr023.docx