| (1) |
Should the Court, upon application by any party or of its own accord, be of the opinion that there is an issue of law or fact in a case which may conveniently be decided— |
| (a) |
before further documents are delivered in the case; |
| (b) |
before evidence is led in an action; or |
| (c) |
separately from some other issue, |
the Court may order a separate hearing of that issue, and grant any extensions of time periods prescribed in the rules which may be desirable because of the separate hearing.
| (2) |
When the Court decides the issue, it may make an order thereon and if the order does not dispose of the case, the Court— |
| (a) |
may allow any party in application proceedings to amend any notice or to file further affidavits; or |
| (b) |
may allow any party in an action to amend any notice, statement of claim, plea, reply or further particulars; and |
| (c) |
must determine how any remaining issues will be dealt with. |
| (3) |
Should the issue be a question of law and should the parties agree upon the facts, the facts may be admitted and recorded at the hearing and the Court may make an order without taking evidence. |
Intellectual Property Rights from Publicly Financed Research and
