Intellectual Property Rights from Publicly Financed Research and
R 385
Merchant Shipping Act, 1951 (Act No. 57 of 1951)Chapter VI : Special Shipping Enquiries and Courts of Enquiry and Courts of Survey282. Reference in difficult cases to scientific persons |
| (1) | If the Authority is of opinion that an appeal to a court of survey involves a question of construction or design or of scientific difficulty or an important principle, it may refer the appeal to one or more experts approved by the Minister and selected by agreement between the Authority and the appellant, or, in default of any such agreement, by the Minister, and thereupon the appeal shall be determined by such experts instead of by the court. |
[Section 282(1) substituted by section 2(2) of Act No. 5 of 1998]
| (2) | The Authority, if the appellant in any appeal so requests and gives security to the satisfaction of the Authority to pay any relative costs, shall refer the appeal to one or more experts selected in terms of subsection (1). |
| (3) | An expert or experts to whom an appeal is referred in terms of subsection (1) or (2) shall have the same powers as a court of survey. |
| (4) | If an appeal is referred to more than one expert, the provisions of section two hundred and seventy-seven shall apply, mutatis mutandis, to the hearing of the appeal. |
| (3) | If an appeal is referred under subsection (1) to more experts than one, the Authority shall appoint one of them as presiding officer. |
