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Report No. 58

Roles of Court

4.23. We should also refer to the rules made by the Supreme Court on the subject of notice of motion. The practical result of these rules is the imposition of limitations substantially of the same nature as those recommended by us in relation to the grant of interim injunctions under the Code of Civil Procedure.

The relevant rules as to notice of motion are as follows1:-

"1. Except where otherwise provided by any statute or prescribed by these rules, all applications which in accordance with these rules cannot be made in Chambers shall be made on motion after notice to the parties affected thereby.

2. Where the delay caused by notice would or might entail serious hardship, the applicant may pray for an ad interim ex parte order in the notice of motion, and the court, if satisfied upon affidavit or otherwise that the delay caused by notice would entail serious hardship, may make an order ex parte upon such terms as to costs or otherwise, and subject to such undertaking being given, if any, as the Court may think just, pending orders on the motion after notice to the parties affected thereby.

3. Where an ex parte order is made by the Court, unless the Court has fixed a date for the return of the notice, or otherwise directs, the Registrar shall fix a date for the return of the notice and the application by notice of motion shall be posted before the Court for final orders on the returnable date"

1. Supreme Court Rules, 199-Order 8, rules 1 and 2.

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