Section 84 — Senior Courts Act 2016: Procedure if Judges absent

84 Procedure if Judges absent (1) This section applies if, because of the death or unavailability of 1 or 2 of the Judges of the Supreme Court who are about to begin or have begun hearing a proceeding, only 3 or 4 of those Judges remain available to hear and determine the proceeding. (2) The remaining Judges must decide whether the proceeding must be adjourned or reheard, or may continue. (3) If the remaining Judges decide that the proceeding may continue,— (a) they may— (i) act as the Supreme Court in relation to the proceeding and hear and determine the proceeding; and (ii) make any order or decision on any interlocutory application; and (iii) make any order or decision as to costs; and (b) a reference in section 85(1) to a majority of the Judges hearing the proceeding must be read as a reference to a majority of those remaining Judges. (4) If the death or unavailability occurs while judgment is reserved in the proceeding, the remaining Judges must decide— (a) whether the judgment should be produced or completed, and (if so) who should produce or complete the judgment; or (b) whether the proceeding should be reheard. (5) If, at the time appointed for a session of the Supreme Court, 1 or more Judges are absent, the Judge or Judges present may adjourn or further adjourn the session to some other time. (6) If none of the Judges of the Supreme Court is present at the time appointed for a session of the court, the Registrar of the Supreme Court must adjourn the session and may determine the time and place of the next session. Compare: 2003 No 53 s 30