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Practice Direction No 4 of 2019 - Renewal of Leave Applications

COURT OF APPEAL

PRACTICE DIRECTION NO. 4 OF 2019

RENEWAL OF LEAVE APPLICATIONS

General

1. This Practice Direction is to be read with Practice Direction No.3 of 2018.
2. This Practice Direction comes into effect on 1 July 2019.
   

Civil Appeals

3. In default of a party failing to file and serve a renewed application for leave to appeal or a renewed application for an enlargement of time within 14 days of the date of pronouncement of the decision refusing the application, the appeal will be dismissed for want of prosecution with immediate effect.
   

Criminal Appeals

4. In default of a party failing to file and serve a renewed application for leave to appeal or a renewed application for an enlargement of time within 30 days of the date of pronouncement of the decision refusing the application, the appeal shall be dismissed pursuant to the inherent power of Court to avoid abuse of process.
   

Criminal and Civil Appeals

5. Any decision refusing leave to appeal or refusing an enlargement of time pronounced prior to 1 July 2019 is deemed to have been pronounced on 1 July 2019.
   

DATED at Suva this __ 11^th day of June 2019.

W.D. CALANCHINI

PRESIDENT, COURT OF APPEAL