Description
Failure to file written submissions – competence of the appeal – additional time for oral submission – retrospective operation of amendments – missing documents in the record of appeal – issues of law – overriding objective.
- Court of Appeal – failure to file written submission does not affect the competence of the appeal. It only deprives the appellant of the opportunity to apply for additional time for making oral submission (p. 11).
- In this case the Court of Appeal held that amendments to the Court of Appeal Rules operate retrospectively (pp. 11 – 12).
- Missing documents in the record of appeal – it was held that from the particular circumstances of this appeal, the omission to include them in the record is not a fatal irregularity. The grounds of appeal raise issues of law which can be determined without recourse to the missing documents (p. 12). The Court also applied the principle of overriding objective in curing that defect (p. 13).
