• “(1) A Judge may exercise—

  • “(a) a power conferred on the Court by these rules to give directions or to decide a matter, except the determination of an application for leave to appeal or an appeal:

  • “(b) the power conferred on the Court by rule 30(2) of the Supreme Court Rules 2004.”

• “(2) If a notice of appeal or cross-appeal is defective, a Judge may require the party who has filed the notice to remedy the defect within a specified period of not less than 10 working days.

• “(3) If the defect is not remedied within the specified period, the appeal is to be treated as having been abandoned.”

“40 Filing and form of case on appeal

• “(1) The appellant must—

  • “(a) file in the Registry 4 copies of the case on appeal; and

  • “(b) as soon as practicable after complying with paragraph (a), serve a copy of the case on appeal on the other party.

  “(2) The case on appeal must be filed on the earlier of—

  • “(a) a date not later than 30 working days before the date allocated for the hearing of the appeal; or

  • “(b) a date that is within 6 months after the appeal is brought.

  “(3) The pages contained in a case on appeal must be A4 in size and every page must be numbered consecutively from volume to volume.

  “(4) Each volume must—

  • “(a) be bound by cloth binding or by a flexibinding or a spiral binding process; and

  • “(b) be limited to a maximum of 250 pages; and

  • “(c) have a title page as the cover showing—

    • “(i) a heading; and

    • “(ii) the names of the solicitors; and

    • “(iii) the address for service of each party; and

  • “(d) have a table of contents that—

    • “(i) appears immediately after the title page; and

    • “(ii) consists of a complete list of all documents contained in the case on appeal.

  “(5) If there is more than 1 volume, there is to be a separate volume containing only—

  • “(a) the notice of appeal or the order or orders of the court giving leave:

  • “(b) the notice of cross-appeal (if any):

  • “(c) the pleadings:

  • “(d) all relevant decisions that have been made in the proceeding:

  • “(e) any separate reasons for the decisions described in paragraph (d):

  • “(f) all relevant orders made in the proceeding.

“40A Reuse of case on appeal used for leave application

• “(1) If a case on appeal was prepared for the hearing of an application for leave, that case may be reused for the hearing of the appeal—

  • “(a) if the Registrar so approves; and

  • “(b) subject to any directions that the Registrar or a Judge may impose.

  “(2) If subclause (1)(a) applies, a supplementary case on appeal may be prepared containing additional documents relevant to the appeal but which were not relevant to the application for leave.

“40B Evidence included in case on appeal

• “(1) If the appeal involves a question of fact, the evidence on the question that was taken in the court appealed from must be included in the case on appeal by showing—

  • “(a) in a volume the evidence given by witnesses (in this rule and in rules 40C and 40D called the evidence volume); and

  • “(b) in another volume any related exhibits (in this rule and in rules 40C and 40D called the exhibits volume).

  “(2) Only evidence that is relevant to an issue in the appeal may be shown in the evidence volume or the exhibits volume.

  “(3) The fact that a witness’s evidence or an exhibit has been omitted from the evidence volume or the exhibits volume does not prevent a party from referring to that evidence or exhibit at the hearing of the appeal.

“40C Evidence volume

• “(1) The evidence volume must set out the evidence of witnesses in the order in which the evidence was given and must, for each witness, set it out in the following order:

  • “(a) copies of whichever of the following are applicable:

    • “(i) affidavits:

    • “(ii) written statements:

    • “(iii) transcripts of oral evidence in chief:

  • “(b) transcripts of supplementary evidence in chief (if any):

  • “(c) transcripts of cross-examination (if any):

  • “(d) transcripts of re-examination (if any).

  “(2) A copy of an affidavit that is included under subclause (1)(a)(i) must be stripped of any exhibits.

  “(3) If, in an affidavit or in a written statement included under subclause (1)(a), a witness has produced or referred to an exhibit, the affidavit or statement must be marked, in the margin next to the relevant passage, with a cross-reference to the page in the exhibits volume where that exhibit is shown.

  “(4) The index to the evidence volume must refer, by page number, to the commencement of the evidence in chief, cross-examination, and re-examination of each witness.

“40D Exhibits volume

• “(1) The exhibits volume must set out the exhibits in the following order:

  • “(a) if there was a common bundle of documents, the exhibits included in that bundle, in the order in which they were included in that bundle:

  • “(b) other exhibits, in chronological order, or any other order that is logical for the appeal.

  “(2) The index to the exhibits volume must show the following details for each exhibit:

  • “(a) the date of the exhibit:

  • “(b) a brief description of the exhibit:

  • “(c) the witness who produced the exhibit, unless the exhibit was in the common bundle of documents:

  • “(d) a cross-reference, by page number, to the evidence volume where—

    • “(i) the production of the exhibit is recorded; or

    • “(ii) if the exhibit was included in the bundle of documents, the first reference to the exhibit is recorded:

  • “(e) the number of the page in the exhibits volume where the exhibit commences.”

• “(c) the party’s submissions, including submissions as to costs; and”.

“42A Issues

• “(1) The parties to an appeal must attempt to agree on a list of issues to be determined on the appeal.

  “(2) If the parties reach agreement, the appellant must, not later than 5 working days before the date allocated for the hearing of the appeal, file and serve on the other party the agreed list of the issues.

  “(3) If the parties cannot reach agreement, each party must, not later than 5 working days before the date allocated for the hearing of the appeal, file and serve on the other party a list of the issues as the filing party perceives them to be.

  “(4) This rule is subject to any contrary direction given by the Court in a particular case.”