Incidental directions and interim orders
40.—(1)  The Appellate Division may make one or more of the following directions and orders in any appeal or application pending before it (called in this section the pending matter):
(a)any direction or order incidental to the pending matter not involving the decision of the pending matter;
(b)any interim order to prevent prejudice to the claims of the parties pending the determination of the pending matter;
(c)any order for security for costs, and for the dismissal of the pending matter for default in furnishing security so ordered.
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(2)  A direction or an order under subsection (1) may be made by the Appellate Division on its own motion or on the application of a party.
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(3)  A direction or an order under subsection (1) may be made by 2 Judges.
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(4)  A direction or an order under subsection (1) may also be made by a single Judge, in which case the following provisions apply:
(a)the direction or order may be varied or discharged by 2 other Judges; but
(b)an application to vary or discharge the direction or order may only be made with the permission of the single Judge or any other Judge, and a decision by any Judge to give or refuse permission is final.
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[Act 25 of 2021 wef 01/04/2022]
(5)  Subsections (3) and (4) apply despite section 32(1).
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