Review of refusal to certify
296 Review of refusal to certify
If a judge refuses to certify under section 295(3), the party which requested certification may apply to the Court of Appeal, in accordance with the rules of court, for review of the decision.
An application for review under subsection (1) is commenced by filing a notice of application for review in accordance with the rules of court—
subject to paragraph (b), if the trial has not commenced when the judge refuses to certify, within 10 days after the day on which the judge refuses to certify or any extension of that period granted under section 313; or
if the trial commences within 10 days after the day on which the judge refuses to certify, within 2 days after the day on which the trial commences or any extension of that period granted under section 313; or
if the trial has commenced when the judge refuses to certify, within 2 days after the day on which the judge refuses to certify or any extension of that period granted under section 313.
S. 296(3) substituted by No. 68/2009 s. 30(1).
A copy of the notice of application for review must be served on the respondent in accordance with section 392 or 394, as the case requires, within the relevant period specified in subsection (2) for filing the notice.
On a review under subsection (1), the Court of Appeal—
must consider the matters referred to in section 295(3); and
if satisfied as required by section 297, may give the applicant leave to appeal against the interlocutory decision.
This Act’s bill:Explanatory memorandumSecond reading speech
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