Practice Note No 67 is rescinded and is replaced by this Practice Note.
1 A separate list, entitled "Damages Appeals List", will be maintained for appeals from the District Court or from the Supreme Court in a division in which a principal matter in issue is quantum of damages where the hearing is expected to require less than half a day of oral argument.
2 Appeals will be placed in the Damages Appeals List by the Registrar at or following the appointment to settle the appeal papers, subject to review by a Judge of Appeal.
3 When an appeal has been placed in the Damages Appeals List the following procedure will apply:
(a) Cases pending in the List will be fixed for hearing during a particular week after a call-over, notified to the parties, which will be conducted by a Judge of Appeal or the Registrar;
(b) The parties will be expected to review appeals prior to call-over to ensure that all appropriate grounds have been included in the notice of appeal, cross-appeal or contention as the case may be and that any necessary notice of cross-appeal or contention has been filed;
(c) It will also be appropriate for parties to consider, and if thought appropriate, serve any offer of compromise under the Rules;
(d) For these reasons if counsel are to be briefed in the appeal it will generally be desirable for this to have been done prior to the call-over;
(e) Appeals may be listed not before a particular day;
(f) Copies of the List when fixed will be available on application at the Registry of the Court of Appeal.
4 The Damages Appeals List will commence on weeks to be notified by the Registrar and as required by the number of appeals in the List from time to time.
5 Written submissions in a form suitable for use by the Court in the delivery of an ex tempore judgment and the chronology referred to in Practice Note No 65 should be filed in the Appeal Submissions Box on Level 12 of the Law Courts Building:
(a) By the appellant by 4.00 pm on the day occurring 5 days prior to the Monday of the week in which the appeal is listed for hearing; and
(b) By the respondent by 4.00 pm on the day occurring 3 days prior to the Monday of the week in which the appeal is listed for hearing.
6 The submissions should state inter alia:
(a) The grounds of appeal which will be argued; and
(b) In respect of any finding of fact by the primary Judge which is challenged:
(i) the finding of fact which is challenged;
(ii) in narrative form the findings of fact which it is argued the Court of Appeal should make in substitution for the finding challenged;
(iii) the evidence and references to transcript which support such substituted finding of fact,
and should include, where appropriate, a recalculation of financial loss including precise particulars of claims made for components of the judgment which require mathematical calculation, such as wage loss and claims for interest.
7 The purpose of the procedure is to enable the Court of Appeal to list more damages appeals in a particular week and thereby to reduce delays. The Court will rely upon legal practitioners to assist it by supplying material in a form suitable for use by the Court in the delivery of ex tempore judgments.
