Paragraph 77 Powers of court in respect of motion for re-hearing
This rule relates to the court’s powers in respect of a motion under rule 74.
The court may refuse the motion—
after considering the statement which accompanies the relevant note; or
after considering that statement and either—
hearing the party who is moving for re-hearing; or
considering written submissions from that party.
Where the motion is not refused under paragraph (2), the court is to allow any other interested party to lodge answers.
After considering any such answers the court may defer consideration of the motion—
until some later stage in proceedings; or
until after some further opportunity has been afforded for there to be a hearing or submissions.
Where the court does not, under paragraph (4), defer consideration of the motion it may—
after hearing all interested parties; or
with the consent of those parties, after considering any written submissions,
do any of the things mentioned in paragraph (6).
Those things are—
allow a re-hearing in whole or in part, in such manner and on such terms and conditions as it thinks fit;
refuse a re-hearing; or
if there is an appeal in the case, defer determination of the motion until the appeal has been heard.
The court is not to allow a re-hearing on a ground mentioned in any of sub-paragraphs (a) to (c) of rule 74(3) unless satisfied—
that if the order to which the motion relates is allowed to stand a miscarriage of justice is likely to be occasioned; and
that re-hearing is likely to be the most convenient way of dealing with the matter.
The court may dispense with a re-hearing on a ground mentioned in either of sub-paragraphs (d) and (e) of rule 74(3), recall the order to which the motion relates and substitute for that order such order as it thinks fit if satisfied—
after hearing parties; or
after considering written submissions from parties,
that it is reasonable in all the circumstances to do so.