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Privy Council (Court of Appeal) Rules

LAWS OF TONGA

1988 Revised Edition

CHAPTER 2A
Rule 1

PRIVY COUNCIL (COURT OF APPEAL) RULES

Made by the King in Council on the 17th May, 1916
G. no. 16/1916
CHAPTER 2

ACT OF THE CONSTITUTION OF TONGA

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SECTION 7 of Government Act—Privy Council (Court of Appeal) Rules

1. These Rules may be cited as the Privy Council (Court of Appeal) Rules.

Notice and Petition

2. All appeals shall be by way of rehearing and shall be brought by notice and petition.

3. The notice shall be in writing and shall state whether the whole or any part of the judgment or order appealed from is complained of and in the latter case shall specify such part.

4. The petition shall set forth in as full a manner as is possible the grounds upon which the appeal is made.

Time for Entering Appeal

5. When the appeal is from a decision of the Supreme Court the petition shall be handed to the Clerk of the Supreme Court within twenty-eight days of the judgment or order appealed from, and where the appeal is from a decision of the Land Court the petition shall be handed to the Registrar of the Land Court within sixty days of the judgment or order appealed from.

6. Three copies of the notice and the petition shall be left with the clerk for service and filing.

7. The appellant shall also hand to the Clerk of the Supreme Court or Land Court as the case may be a copy of the judgment or order appealed from and a copy of the evidence with all affidavits and documents produced at the trial within the time limited by rule 5. The Clerk of the Supreme Court or the Land Court as the case may be shall take all papers when filed to the Clerk of the Court of Appeal who shall enter the cause in the proper lists of appeals and cause the parties to be served with a notice of the day of the trial and the notice and petition.

Interlocutory Applications

8. All applications to the Court of Appeal for any process shall be made in writing to the Clerk of the Court of Appeal and should it be necessary to hear one or both parties on any application notice will be given by the said clerk to the parties when and where to attend.

9. For the purpose of hearing applications for any process to issue or otherwise it shall be lawful for the Court to appoint one or more of its members to deal with the matters upon such terms and conditions as may seem just and proper.

Law of England to be applied in certain cases

10. In case there is no law or ruling on any matter which the Court may be called upon to decide it shall as far as practicable adopt the principles of the law and practice for the time being in force in England relating to such matters.

11. All fees must be prepaid.