Manner in which question to be decided where jurisdiction exercised by 3 or more Judges
8AC Manner in which question to be decided where jurisdiction exercised by 3 or more Judges
If three or more Judges sitting together in accordance with section 8AAA, 8AA or 8AB are divided in opinion as to the decision to be given on any question, the question shall be decided according to the opinion of the majority, if there is a majority, but if the Judges are equally divided in opinion:
in a case where a judgment of the Master is called in question—the judgment shall be affirmed; and
in any other case:
where a Judge or Judges appointed under subsection 7(1) is or are sitting—the opinion of that Judge or of the senior of them, as the case may be, prevails; or
where no such Judge is sitting—the opinion of the senior additional Judge sitting prevails.
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