s.3Judges of the Court
3
Section 3Part 1 — Introductory

Judges of the Court

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The President shall be the senior Judge of the Court.
Subject to subsection (1), the Judges shall hold seniority in the order of their appointments or, if two or more Judges are appointed on the same day, then in the order of their seniority of first appointment to high judicial office.
In the absence of the President the senior Judge present at any sitting of the Court shall preside at that sitting.
Subject to subsections (7) and (8), for the purpose of hearing and determining an appeal or any other matter, the Court shall be duly constituted if it consists of three Judges.
Subject to subsections (7) and (8), the determination of any matter before the Court shall be according to the opinion of the majority of the Judges hearing the matter.
Except as otherwise provided in this Act, all Judges shall have and enjoy in all respects equal power, authority and jurisdiction.
In civil proceedings, where a Judge of a Court which has partly heard proceedings is unable to continue —
the parties to the case shall be consulted and their agreement sought as to whether the case can proceed to judgment with two Justices of Appeal; or
if the agreement of the parties cannot be reached or the matter cannot otherwise proceed with two Judges, because the President does not think the case suitable, then the case shall be re-heard by a differently constituted panel of three Judges.
Where pursuant to subsection (7)(a) —
an appeal has been heard by a Court consisting of two Judges; and
the Judges of the Court are equally divided,
the case shall, on the application of any party to the appeal, be reargued before and determined by three Judges, before any appeal to His Majesty in Council or before an application for leave to appeal to His Majesty in Council is made.

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