Judicature Amendment Act 1972

  • repealed
  • Judicature Amendment Act 1972: repealed, on 1 March 2017, by section 22 of the Judicial Review Procedure Act 2016 (2016 No 50).
9 Procedure

(1)

An application for review shall be made by motion accompanied by a statement of claim.

(2)

The statement of claim shall—

(a)

State the facts on which the applicant bases his claim to relief:

(b)

State the grounds on which the applicant seeks relief:

(c)

State the relief sought.

(3)

It shall not be necessary for the statement of claim to specify the proceedings referred to in section 4(1) of this Act in which the claim would have been made before the commencement of this Part of this Act.

(4)

The person whose act or omission is the subject-matter of the application for review, and, subject to any direction given by a Judge under section 10 of this Act, every party to the proceedings (if any) in which any decision to which the application relates was made, shall be cited as a respondent.

(4A)

For the purposes of subsection (4) of this section, where the act or omission is that of a Judge, Registrar, or presiding officer of any Court or tribunal,—

(a)

That Court or tribunal, and not that Judge, Registrar, or presiding officer, shall be cited as a respondent; but

(b)

That Judge, Registrar, or presiding officer may file, on behalf of that Court or tribunal, a statement of defence to the statement of claim.

(5)

For the purposes of subsection (4) of this section, where the act or omission is that of any 2 or more persons acting together under a collective title, they shall be cited by their collective title.

(6)

Subject to any direction given by a Judge under section 10 of this Act, every respondent to the application for review shall file a statement of his defence to the statement of claim.

(7)

Subject to this Part of this Act, the procedure in respect of any application for review shall be in accordance with rules of Court.

This section was substituted, as from 7 October 1977, by section 13(1) Judicature Amendment Act 1977 (1977 No 32).

Subsection (4A) was inserted, as from 15 August 1991, by section 7 Judicature Amendment Act 1991 (1991 No 60).