| (1) |
An application to review a decision of the Tribunal must be brought within the time period set out in subrule (2), by Notice of Motion, which must satisfy the requirements of subrules (4) and (5). |
| (2) |
An application in terms of subrule (1) must be brought— |
| (a) |
within the time, if any, prescribed by the Act or the Competition Tribunal Rules; or |
| (b) |
if no time is prescribed by the Act or the Competition Tribunal Rules, within 15 business days after the date of the decision or order that is the subject of the review. |
| (3) |
A copy of the Notice of Motion must be served on any person who was a party to the matter before the Tribunal. |
| (4) |
An application must contain the following information: |
| (a) |
The title of the matter. |
| (b) |
The case number assigned by the registrar of the Court to the matter. |
| (d) |
A notice requiring the Tribunal to provide a written record of the proceedings, and the reasons for the decision, within fifteen business days of delivery of the application. |
| (e) |
An address of the party delivering the document at which that party will accept notices and service of all documents in the proceedings. |
| (f) |
A notice advising the other party that— |
| (i) |
if it intends opposing the matter, that party must deliver an answering affidavit within fifteen business days after the application has been served, and |
[Subrule (4)(f)(i) substituted by General Notice 1255 dated 18 November 2005]
| (ii) |
that if the party fails to do so, the matter may be heard in the party’s absence and an order of costs may be made. |
| (g) |
A schedule listing the documents that are material and relevant to the application. |
| (5) |
An application must be supported by affidavit, which must clearly and concisely set out— |
| (a) |
the names, description and addresses of the parties; |
| (b) |
a statement in chronological order of the material facts on which the application is based, with sufficient detail to enable a person opposing the application to reply to the document; and |
| (c) |
a statement of the legal issues that arise from the material facts, with sufficient detail to enable a party to reply to the document. |
| (6) |
Within ten business days after the Tribunal has made the record available, the applicant may amend, add to or vary the terms of the application, or supplement the supporting affidavit. |
| (7) |
Rule 17, read with the changes required by the context, applies to an application. |
| (8) |
Rule 20, read with the changes required by the context, applies to the record. |
Copyright Act, 1978
