- (e) without the leave of the High Court or the Court of Appeal, from an order made with consent of the parties or as to costs only which by law are left to the discretion of the Court;
- (f) without the leave of the High Court or the Court of Appeal, from a judgment or order of the High Court given or made in summarily determining under rules of court any question at issue in interpleader proceedings:
Provided that this paragraph shall have no effect in relation to any interpleader issue which is tried by a judge whether with or without a jury.
General powers of Court of Appeal.
(Cap. 221.)
15. Subject to the Criminal Procedure Ordinance and without prejudice to any other law, the Court of Appeal shall, for the purposes of and incidental to the hearing and determination of any appeal or other matter, and the amendment, execution and enforcement of any judgment or order, have all the power, authority and jurisdiction of the High Court.
Law and equity to be administered in Supreme Court.
[cf. 1925 c. 49. ss. 36–44.]
16. (1) In every civil cause or matter law and equity shall be administered by the Supreme Court as they are administered by the High Court and the Court of Appeal in England.
(2) In all causes or matters in which there is any conflict or variance between the rules of equity and the rules of common law with reference to the same subject, the rules of equity shall prevail.
Practice of Supreme Court. 17. Subject to rules of court, the practice of the Supreme Court of Judicature in England for the time being in force therein shall be in force in the Supreme Court.
Motion for new trial.
1925 c. 49. s. 30.
18. Every motion for a new trial, or to set aside a verdict, finding or judgment, in any civil cause or matter in the High Court in which there has been a trial thereof or of any question or issue of fact therein with a jury shall be heard and determined by the Court of Appeal.
Mandamus, injunction and receiver.
[cf. 1925 c. 49, s. 45.]
19. (1) The High Court may grant a mandamus or an injunction, or appoint a receiver by an interlocutory order in all cases in which it appears to the High Court to be just or convenient so to do.
(2) Any such order may be made either unconditionally or on such terms and conditions as the High Court thinks just.
(3) If, whether before, or at, or after the hearing of any cause or matter, an application is made for an injunction to prevent any threatened or apprehended waste or trespass, the injunction may be granted, if the High Court thinks fit, whether―
- (a) the person against whom such injunction is sought is or is not in possession under any claim of title or otherwise, or (if out of possession) does or does not claim a right to do the act sought to be restrained under any colour of title; and
- (b) the estates claimed by both or by either of the parties are legal or equitable,
1956 c. 46, s. 36(1), (2).(4) The power of the High Court to appoint a receiver by way of equitable execution shall be extended so as to operate in relation to land and any interest in land.
(5) The power under subsection (4) may be exercised in relation to land or any interest in land (whether or not a charge has been imposed on that land or interest under section 20 for the purpose of enforcing the judgment, decree, order or award under that section), and the power shall be in addition to and not in derogation of any power of any court to appoint a receiver in proceedings for enforcing such a charge.
