Power of Court on review

Current

(1)

The Court must hear an application under rule 322 as an original hearing.

(2)

On hearing the application, the Court may receive as evidence —

(a)

any affidavit or exhibit tendered in the first hearing; or

(b)

any further affidavit or exhibit; or

(c)

the transcript (if any) of the first hearing; or

(d)

if a transcript is not available — an affidavit about the evidence that was adduced at the first hearing, sworn by a person who was present at the first hearing.

(3)

The Court may determine an application under rule 322 in chambers on the documents.

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323 Power of Court on review