

On 24/05/2013,
you requested for the version in force on 24/05/2013
incorporating all amendments published on or before 24/05/2013.
The closest version currently available is that of 01/04/2012.

FOURTH SCHEDULE
Sections 34(1)(a) and 83
Orders Made by Judge
That Are Non-appealable
That Are Non-appealable
No appeal shall be brought to the Court of Appeal in any of the following cases:
(a)
where a Judge makes an order giving unconditional leave to defend any proceedings;
(b)
where a Judge makes an order giving leave to defend any proceedings on condition that the party defending those proceedings pays into court or gives security for the sum claimed, except if the appellant is that party;
(c)
where a Judge makes an order setting aside unconditionally a default judgment, regardless of how the default judgment was obtained (including whether by reason of a breach of an order of court or otherwise);
(d)
where a Judge makes an order setting aside a default judgment on condition that the party against whom the judgment had been entered pays into court or gives security for the sum claimed, regardless of how the default judgment was obtained (including whether by reason of a breach of an order of court or otherwise), except if the appellant is that party;
(e)
where a Judge makes an order refusing to strike out —
(i)
an action or a matter commenced by a writ of summons or by any other originating process; or
(ii)
a pleading or a part of a pleading;
(f)
where a Judge makes an order giving or refusing further and better particulars;
(g)
where a Judge makes an order giving leave to amend a pleading, except if —
(i)
the application for such leave is made after the expiry of any relevant period of limitation current at the date of issue of the writ of summons; and
(ii)
the amendment is an amendment to correct the name of a party or to alter the capacity in which a party sues, or the effect of the amendment will be to add or substitute a new cause of action;
(h)
where a Judge makes an order refusing security for costs;
(i)
where a Judge makes an order giving or refusing interrogatories.







