86 tal-1994
Table of Provisions (6)
Statutory Text (6 Articles)
L.N. 86 of 1994
DUTY ON OOCUMEfIo"fS AND TRANSFERS ACT, I99J
(Aer NO. XVII OF I99J)
CODE OF ORGAN IZATION AND C IVIL PROCEDURE (CA" . Il)
DuII 011 DocummlJ and Tramfrn Appeals R .~ of Court, 1994
IN «erase of the powel"S conferred by subsection (6) of section 59
of the Duty on Documents and Transfers Act, 1993, hereinafter in these
rules referred to as Mthe Act", and by scction 29 of the Code of
Organization and Civil Procedure, the Rule Making Board conSfituted
unde r the said Code has made the following Rules of eo...rt, which have
been approved by the President of Malta: -
I . These rules may be cited as the Duty on Documents and
Transfer1l Appeals Ru les ofCoutt , 1994.
(I) When an appeal is entered within the period established /lipIaf
in section S9 of the Act , the opposing pa"y shan h"vc the right oh reply"'"
within fifteen days from the date of the notification of the act by whidi
the appeal is made. No security for costs shall be required when the
appeal i$ made in accordance with the provisions of section 59 of the
Ao.
(2) "The COlI" shall sct the appeal for heari ng by not l"e1
than one month immediately following the expiration of the pe riod of
- -.
fifteen days allowed for the reply to the appeal.
l . All acts aMI d<x:u ments re«ived by the Court of Appeal in
connection with any appeal from any deciiion by the yid Board in terms
of section 59 of the Act shall be acceuible only to the parties ooocemed
and to their counsel and legal procuraton. and sudlllOCleS5shall be had
only in the presence of the deputy registrar of the yid Court . Only the
said parties and their counsel and legal procurators shan have the right
10 obtain c:opies of t ile said aCIli . do<.:umenls a nd judgement .
11Ie Registrar of the Superior COII"s shall keep the record of
the appo:al in his custody to ensure Ihe seCTeq of the said record. On the
conclusion of the proceedings the acts shall be bound and kept in the
cuslody of the Registrar.
All notifications ~quired in such appeals shall always be
effected by the cou.rt usher and the copies of the acts so notified shall be
placed in an envelope sealed by the Registrar.
, . ( I) The Prcsident of the Court of Appeal shaU iign the COIIrt
j\KIgement whkh shall be immediately depo!>ited with the Registrar who
shaII tben tbereby conclude and bind the nrords of the proceedinp.
(2)
The Regisu'3r shall. wirhin four days from such deposit ,
infonn the parties of IlU(:h fact.
( I) LL-Pusidcnl lal-Ooni la' I-AppcLL ghandu jiffirma 50
sentenu Ii Ikun waslel gbaliha ]·Oorti u din ghandha tigi minnufill
depotilata &I'Iand ir-Registratu r li mbaghad ghandu jaghlaq biba 1-
inkaname nl kollu tal-prate" u jillegab_
(2) Ir· Registratur ghandu, fi fmien erbat ijiem minn dak id-
depotitu . jaYia bil-falt IiU·partijiel.
l1Ie provisions of cbe Code of Organization and Civil
Prooedure and the Gene ... 1 Rules of the Court shall apply unless these
Rules provide ()(iIerwise .
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