Under O fifty four r 1 of the ROC, an ORD utility had to be made by method of originating summons supported by affidavit. Each affidavit needed to be served on each different get together, and the very purpose for this was so that the events would not be caught by surprise in relation to any allegations raised. forty It is for these reasons, with which the other members of this courtroom are in settlement, that Chao JA granted the Appellant’s utility and directed that he may attend the hearing of his enchantment. It would even be inappropriate to avoid the rules governing the attraction and for model new information to be acquired by means of the Appellant’s contemporaneous instructions at the listening to given that, under O 28 r three of the ROC, depart is needed for additional affidavits to be obtained into evidence. It is, in the final analysis, the development of the relevant provisions that determines the exact perform of the court when reviewing choices made under these provisions.
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