53. Application for Judicial Review.
Order 53
Application for Judicial Review
1. Scope. (O. 53, r. 1) .
(1) This Order shall govern all applications seeking the relief specified in paragraph 1 of the Schedule to the Courts of Judicature Act 1964 and for the purposes therein specified.
(2) This Order is subject to the provisions of Chapter VIII of Part 2 of the Specific Relief Act 1950.
2. Applications. (O. 53, r. 2) .
(1) An application for any of the reliefs specified in paragraph 1 of the Schedule to the Courts of Judicature Act 1964 (other than an application for an order of habeas corpus) shall be in Form 111A.
(2) An application for judicial review may seek any of the said reliefs, including a prayer for a declaration, either jointly or in the alternative in the same application if it relates to or is connected with the same subject matter.
(3) Upon the hearing of an application for judicial review, the Court shall not be confined to the relief claimed by the applicant but may dismiss the application or make any orders, including an order of injunction or monetary compensation:
Provided always that the power to grant an injunction shall be exercised in accordance with the provisions of section 29 of the Government Proceedings Act 1948 and section 54 of the Specific Relief Act 1950.
(4) Any person who is adversely affected by the decision of any public authority shall be entitled to make the application.
3. Leave. (O. 53, r. 3) .
(1) No application under this Order shall be made unless leave therefor has been granted in accordance with this rule.
(2) An application for leave must be made ex parte to a Judge in Chambers and must be supported by a statement setting out the name and description of the applicant, the relief sought and the grounds on which it is sought, and by affidavits verifying the facts relied on.
(3) The applicant must give notice of the application for leave not later than three days before the hearing date to the Attorney General's Chambers and must at the same time lodge in those Chambers copies of the statement and affidavits.
(4) The Judge may, in granting leave, impose such terms as to costs and as to the giving of security as he thinks fit.
(5) The grant of leave under this rule shall not, unless the Judge so directs, operate as a stay of the proceedings in question.
(6) An application for judicial review shall be made promptly and in any event within 40 days from the date when grounds for the application first arose or when the decision is first communicated to the applicant provided that the Court may, upon application and if it considers that there is a good reason for doing so, extend the period of 40 days.
4. Notice. (O. 53, r. 4) .
(1) Where leave has been granted under this rule, the applicant shall, within 14 days after the grant of such leave, file a notice in Form 111B.
(2) Upon extraction of the sealed copy of Form 111B the applicant shall serve a copy of the same together with a copy of the statement and all affidavits in support on all persons directly affected by the application not later than 14 days before the date of hearing specified in the said Form.
5. Damages. (O. 53, r. 5) .
(1) On an application for judicial review the Court may, subject to paragraph (2) , award damages to the applicant if-
(a) he has included in the statement in support of his application for leave under rule 3 a claim for damages arising from any matter to which the application relates; and
(b) the Court is satisfied that, if the claim has been made in an action begun by the applicant at the time of making his application, he could have been awarded damages.
(2) Order 18, rule 12, shall apply to a statement relating to a claim for damages as it applies to a pleading.
6. Discovery, etc. (O. 53, r. 6) .
Within 14 days after leave has been granted, any party to an application for judicial review may apply to the Judge for discovery and inspection of documents pursuant to Order 24, to administer interrogatories pursuant to Order 26, or to cross-examine the deponent of any affidavit filed in support of or in opposition to the application pursuant to Order 38.
7. Amendment. (O. 53, r. 7) .
(1) The Judge may allow the statement to be amended, and may allow further affidavits to be used if they deal with new matters arising out of any affidavit of any other party to the application, and where the applicant intends to amend his statement or use further affidavits, he must immediately give notice of his intention and of any proposed amendment of his statement to every other party.
(2) Every party to the application must supply to any other party copies of the affidavits which he proposes to use at the hearing.
8. Other persons who may be heard. (O. 53, r. 8) .
(1) Upon the hearing of an application for judicial review, any person who desires to be heard in opposition to the application and appears to the Judge to be a proper person to be heard may be heard notwithstanding that he has not been served with the cause papers in the matter.
(2) Where on application for judicial review, an order of certiorari is made in any such case the order shall direct that the proceedings shall be quashed forthwith on their removal to the High Court.
9. No setting aside of order. (O. 53, r. 9) .
No application to set aside any order made by the Judge shall be entertained, but the aggrieved party may appeal to the Court of Appeal.
[Subs. PU(A)342/2000 w.e.f. 22 Sept 2000]
Order 53
Application for Judicial Review
1. Scope. (O. 53, r. 1) .
(1) This Order shall govern all applications seeking the relief specified in paragraph 1 of the Schedule to the Courts of Judicature Act 1964 and for the purposes therein specified.
(2) This Order is subject to the provisions of Chapter VIII of Part 2 of the Specific Relief Act 1950.
2. Applications. (O. 53, r. 2) .
(1) An application for any of the reliefs specified in paragraph 1 of the Schedule to the Courts of Judicature Act 1964 (other than an application for an order of habeas corpus) shall be in Form 111A.
(2) An application for judicial review may seek any of the said reliefs, including a prayer for a declaration, either jointly or in the alternative in the same application if it relates to or is connected with the same subject matter.
(3) Upon the hearing of an application for judicial review, the Court shall not be confined to the relief claimed by the applicant but may dismiss the application or make any orders, including an order of injunction or monetary compensation:
Provided always that the power to grant an injunction shall be exercised in accordance with the provisions of section 29 of the Government Proceedings Act 1948 and section 54 of the Specific Relief Act 1950.
(4) Any person who is adversely affected by the decision of any public authority shall be entitled to make the application.
3. Leave. (O. 53, r. 3) .
(1) No application under this Order shall be made unless leave therefor has been granted in accordance with this rule.
(2) An application for leave must be made ex parte to a Judge in Chambers and must be supported by a statement setting out the name and description of the applicant, the relief sought and the grounds on which it is sought, and by affidavits verifying the facts relied on.
(3) The applicant must give notice of the application for leave not later than three days before the hearing date to the Attorney General's Chambers and must at the same time lodge in those Chambers copies of the statement and affidavits.
(4) The Judge may, in granting leave, impose such terms as to costs and as to the giving of security as he thinks fit.
(5) The grant of leave under this rule shall not, unless the Judge so directs, operate as a stay of the proceedings in question.
(6) An application for judicial review shall be made promptly and in any event within 40 days from the date when grounds for the application first arose or when the decision is first communicated to the applicant provided that the Court may, upon application and if it considers that there is a good reason for doing so, extend the period of 40 days.
4. Notice. (O. 53, r. 4) .
(1) Where leave has been granted under this rule, the applicant shall, within 14 days after the grant of such leave, file a notice in Form 111B.
(2) Upon extraction of the sealed copy of Form 111B the applicant shall serve a copy of the same together with a copy of the statement and all affidavits in support on all persons directly affected by the application not later than 14 days before the date of hearing specified in the said Form.
5. Damages. (O. 53, r. 5) .
(1) On an application for judicial review the Court may, subject to paragraph (2) , award damages to the applicant if-
(a) he has included in the statement in support of his application for leave under rule 3 a claim for damages arising from any matter to which the application relates; and
(b) the Court is satisfied that, if the claim has been made in an action begun by the applicant at the time of making his application, he could have been awarded damages.
(2) Order 18, rule 12, shall apply to a statement relating to a claim for damages as it applies to a pleading.
6. Discovery, etc. (O. 53, r. 6) .
Within 14 days after leave has been granted, any party to an application for judicial review may apply to the Judge for discovery and inspection of documents pursuant to Order 24, to administer interrogatories pursuant to Order 26, or to cross-examine the deponent of any affidavit filed in support of or in opposition to the application pursuant to Order 38.
7. Amendment. (O. 53, r. 7) .
(1) The Judge may allow the statement to be amended, and may allow further affidavits to be used if they deal with new matters arising out of any affidavit of any other party to the application, and where the applicant intends to amend his statement or use further affidavits, he must immediately give notice of his intention and of any proposed amendment of his statement to every other party.
(2) Every party to the application must supply to any other party copies of the affidavits which he proposes to use at the hearing.
8. Other persons who may be heard. (O. 53, r. 8) .
(1) Upon the hearing of an application for judicial review, any person who desires to be heard in opposition to the application and appears to the Judge to be a proper person to be heard may be heard notwithstanding that he has not been served with the cause papers in the matter.
(2) Where on application for judicial review, an order of certiorari is made in any such case the order shall direct that the proceedings shall be quashed forthwith on their removal to the High Court.
9. No setting aside of order. (O. 53, r. 9) .
No application to set aside any order made by the Judge shall be entertained, but the aggrieved party may appeal to the Court of Appeal.
[Subs. PU(A)342/2000 w.e.f. 22 Sept 2000]
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