What happens if member dies or is incapacitated
27 What happens if member dies or is incapacitated
This section applies if, after starting to hear a proceeding, the member hearing the proceeding dies or becomes incapable of continuing with the proceeding.
A party to the proceeding may, after giving 7 days notice to the other party or parties, apply to the president for an order directing the course of action to be taken in the proceeding.
The president, in response to the application or on the president’s own initiative, may, after consulting with the parties to the proceeding—
order the proceeding be reheard; or
adjourn the proceeding to allow the incapacitated member to continue when able; or
with the consent of the parties, make an order the president considers appropriate about deciding the proceeding, or about completing the hearing and deciding of the proceeding.
If, under subsection (3)(a), a proceeding is reheard—
the member hearing and deciding the proceeding may make the order the member considers appropriate about costs for the first hearing; and
the first hearing is taken not to have happened other than for paragraph (a).
An order mentioned in subsection (3)(c) is taken to be a decision of the Land Court.
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