(b) is satisfied that the case of any other party to the appeal would not be materially prejudiced because of the delay. (6) After hearing and determining the appeal, the Supreme Court may make such order as it thinks appropriate, including an order remitting the case for re-hearing to the Court with or without any direction in law. (7) An order made by the Supreme Court on an appeal under subsection (1), other than an order remitting the case for re-hearing to the Court, may be enforced as an order of the Supreme Court. 110 Re-hearing (1) If a final order is made by the Court in a civil proceeding against a person who did not appear in the proceeding, that person may, subject to and in accordance with the Rules, apply to the Court for an order that the order be set aside and that the proceeding be re-heard. (2) On an application under this section, the Court may set aside the order subject to any terms and conditions that it thinks just and re-hear the proceeding. (3) Subject to subsection (4), an application under this section does not operate as a stay of the order unless the Court so orders. (4) An application under this section with respect to an order for the payment of money operates as a stay of so much of the order as relates to the payment of money. (5) If an applicant under this section fails to appear at the time fixed for the hearing of the application and the application is struck out, the applicant can re-apply only if the applicant first obtains the leave of the Court.
(b) is satisfied that the case of any other party to the appeal would not be materially prejudiced because of the delay. (6) After hearing and determining the appeal, the Supreme Court may make such order as it thinks appropriate, including an order remitting the case for re-hearing to the Court with or without any direction in law. (7) An order made by the Supreme Court on an appeal under subsection (1), other than an order remitting the case for re-hearing to the Court, may be enforced as an order of the Supreme Court. 110 Re-hearing (1) If a final order is made by the Court in a civil proceeding against a person who did not appear in the proceeding, that person may, subject to and in accordance with the Rules, apply to the Court for an order that the order be set aside and that the proceeding be re-heard. (2) On an application under this section, the Court may set aside the order subject to any terms and conditions that it thinks just and re-hear the proceeding. (3) Subject to subsection (4), an application under this section does not operate as a stay of the order unless the Court so orders. (4) An application under this section with respect to an order for the payment of money operates as a stay of so much of the order as relates to the payment of money. (5) If an applicant under this section fails to appear at the time fixed for the hearing of the application and the application is struck out, the applicant can re-apply only if the applicant first obtains the leave of the Court.
89-51a196.docx