New South Wales Consolidated Acts

SUPREME COURT ACT 1970 - SECT 51

51 Removal and remission

(1) Where proceedings are commenced in a Division but are, under this or any other Act or under the rules, assigned to the Court of Appeal--

(a) the proceedings shall be for all purposes well commenced on the date of commencement in the Division, notwithstanding that the proceedings are assigned to the Court of Appeal,

(b) the Court of Appeal or the Court in the Division in which the proceedings are pending may, in either case on application by a party or of its own motion, order that the proceedings be removed into the Court of Appeal,

(c) upon an order for removal being made under paragraph (b), the proceedings may be continued and disposed of in the Court of Appeal, and

(d) subject to any order under paragraph (b) the proceedings may be continued and disposed of in a Division.

(2) Where proceedings are commenced in the Court of Appeal but are, under this or any other Act or under the rules, assigned to a Division--

(a) the proceedings shall be for all purposes well commenced on the date of commencement in the Court of Appeal, notwithstanding that the proceedings are assigned to a Division,

(b) the Court of Appeal may, on application by a party or of its own motion, order that the proceedings be remitted to a Division,

(c) upon an order for remission being made under paragraph (b), the proceedings may be continued and disposed of in a Division, and

(d) subject to any order under paragraph (b), the proceedings may be continued and disposed of in the Court of Appeal.

(4) Where any proceedings are pending before the Court of Appeal, the Court of Appeal may, on application by a party or of its own motion, order that the whole or any part of the proceedings be remitted to a Division for the determination by trial or otherwise of the proceedings or any question arising in the proceedings.

(5) Where proceedings by way of appeal or otherwise under any Act other than this Act or proceedings on a stated case, other than a case stated by the Court in a Division, are commenced in a Division--

(a) the Court in the Division in which the proceedings are pending, if satisfied that special circumstances exist which render it desirable so to do, may, on application by a party or of its own motion, order that the proceedings be removed into the Court of Appeal, and

(b) upon an order being made under paragraph (a), the proceedings may be continued and disposed of in the Court of Appeal.

(6) Proceedings may be removed into the Court of Appeal under this section notwithstanding that any decision or determination in the proceedings is expressed by any Act to be final or without appeal.

(7) None of the foregoing subsections limits the operation of any of the others.

(8) This section does not limit the provision which may be made by the rules for removal or remission of proceedings.