| (1) |
A notice of appeal against a determination of an arbitrator must— |
| (a) |
be delivered by the party wishing to appeal within fifteen days after that party was furnished with a copy of the determination; |
| (b) |
state whether the whole or part only of the determination is appealed against, and if part only, what part; |
| (c) |
set out the grounds of appeal, specifying the findings of fact and law appealed against; and |
| (d) |
contain a service address for delivery of further documents in the case. |
| (2) |
Any party wishing to cross-appeal must do so by delivering a notice of cross-appeal within ten days after delivery of the notice of appeal. The notice must comply with subrule (1). |
| (3) |
Any party wishing to oppose an appeal or cross-appeal must deliver a notice of appearance within ten days of receipt of the notice of appeal or cross-appeal. |
| (4) |
In the event of an appeal or cross-appeal, the case will be reheard by the Court. The hearing will take the form of an action. The rules relating to the preparation for and conduct of an action shall apply, except that no statement of claim, plea or reply may be filed, unless the Court orders otherwise. The portions of the determination not appealed against will stand as an agreement between the parties as to the contents thereof. |
| (5) |
After delivery of any notices of cross-appeal, or after expiry of the period for delivery thereof, the Registrar must furnish copies of the notices of appeal and cross-appeal to the arbitrator who must, within fifteen days thereafter, deliver a statement setting out— |
| (a) |
the facts found to be proved; |
| (b) |
the grounds for arriving at any finding of fact appealed against; |
| (c) |
the reasons for any finding of law appealed against; and |
| (d) |
the reasons for rejecting or admitting any evidence where such rejection or admission has been appealed against, |
but only to the extent that those matters have not already been dealt with in the determination.
| (6) |
A party may abandon the whole or part only of a determination in his or her favour by delivering a notice to that effect, stating whether he or she abandons the whole determination or part only, and if part only, which part. |
| (7) |
The appellant must, within thirty days after noting the appeal, deliver a request directed to the Registrar for the allocation of the case to a presiding judge. Failing delivery of such a request the appeal will lapse. |
| (8) |
If a cross-appeal has been noted and the appeal has lapsed, the cross-appeal will also lapse unless the cross-appellant delivers a request to the Registrar for the allocation of the case to a presiding judge within fifteen days after the appeal has lapsed. |
| (9) |
The appeal will be heard at a time, on a date and at a venue or venues determined by the presiding judge. The Registrar will send a written notice of the time, date and venue or venues to all parties at their respective service addresses. |
| (10) |
A notice of set-down containing the time, date and venue or venues of the hearing must be delivered by the appellant or, if the appeal has lapsed, by the cross-appellant within ten days of being informed of the hearing date. |
| (11) |
Notwithstanding the provisions of this rule, the President or the presiding judge may in consultation with all the parties— |
| (a) |
direct that an appeal be heard as an urgent matter; |
| (b) |
call on the parties to attend a conference; or |
| (c) |
give further directives on the conduct of the appeal which he or she considers appropriate. |
| (12) |
The appellant, or if the appeal has lapsed the cross-appellant, must, no later than twenty days before the hearing of the appeal or cross-appeal, as the case may be— |
| (a) |
in consultation with the Registrar, ensure that the record is complete, is properly indexed and paginated and that there are sufficient copies where the appeal is to be heard before more than one judge; and |
| (b) |
deliver copies of the record and of the index. |
Older Persons Act, 2006
