Malicious Injuries Act, 1981
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Cases stated for opinion of Supreme Court. [New in pt. cf. 1857 (c. 43) ss. 2.4; 1961 (No. 39) ss. 51, 52; 1947 (No. 20) s. 16] |
18.—(1) (a) A court hearing any proceedings under this Act may, on its own motion or, if it so thinks proper, at the request of the applicant, a local authority which is a party to the proceedings or any ratepayer entitled by virtue of section 10 (2) to appear and be heard in the proceedings, state a case for the opinion of the Supreme Court on any question of law arising during the hearing and may make such order as to costs in the matter as it thinks proper. | |
(b) An appeal shall lie to the High Court against the refusal of a request under paragraph (a) and the decision of that Court shall be final and unappealable. | ||
(2) (a) In any proceedings heard and determined under this Act, the applicant, a local authority which was a party to the proceedings or any ratepayer entitled by virtue of section 10 (2) to appear and be heard in the proceedings may, if dissatisfied with the determination of the court as being erroneous on a point of law, apply in writing within fourteen days after the determination to that court to state and sign a case setting forth the facts and the grounds of the determination for the opinion thereon of the Supreme Court and the court may state and sign a case in accordance with the application and make such order as to costs in the matter as it thinks proper. | ||
(b) An appeal shall lie to the High Court against the refusal of an application under paragraph (a) and the decision of that Court shall be final and unappealable. | ||
(c) Where the High Court allows the appeal, it shall order the court which made the determination to state and sign a case in accordance with the application. | ||
(3) Upon the making of an application under subsection (2) (a) the determination in respect of which it is made shall be suspended— | ||
(a) where the application is granted, or where the application is refused and an appeal against the refusal is allowed, until the case stated has been heard and determined, | ||
(b) where the application is refused and an appeal against the refusal has not been lodged, until the expiration of fourteen days after the refusal. | ||
(4) Section 2 of the Summary Jurisdiction Act, 1857 (as extended by section 51 of the Courts (Supplemental Provisions) Act, 1961 ), section 52 of the latter Act and section 16 of the Courts of Justice Act, 1947 , shall not have effect in relation to proceedings under this Act. |