59Transfer of civil proceeding from High Court to Court of Appeal

1. A party to a civil proceeding in the High Court may apply for an order transferring the proceeding to the Court of Appeal.

2. In determining whether to make an order transferring the proceeding, the Court of Appeal must be satisfied that the circumstances of the proceeding are exceptional.

3. Without limiting subsection (2), the circumstances may be exceptional if—

4. the party to the proceeding intends to submit that a relevant decision of the Court of Appeal should be overruled:
5. the proceeding raises an issue of considerable public importance that—
   1. needs to be determined urgently; and
   2. is unlikely to be determined urgently if the proceeding is heard and determined by both the High Court and the Court of Appeal:
6. the proceeding does not raise a question of fact or a significant question of fact, but raises a question of law that is the subject of conflicting decisions of the Court of Appeal.

7. In deciding whether to make an order transferring the proceeding, the Court of Appeal must have regard to the following matters:

8. the primary purpose of the Court of Appeal as an appellate court:
9. the desirability of obtaining a determination of the proceeding in the High Court and a review of that determination on appeal:
10. whether a full court of the High Court could effectively determine the question in issue:
11. whether the proceeding raises a question of fact or a significant question of fact:
12. whether the parties have agreed to the transfer of the proceeding:
13. any other matter to which regard should be had in the public interest.

14. It is not a sufficient ground that the parties agree to the transfer.

15. The Court of Appeal has the jurisdiction of the High Court to hear and determine a proceeding transferred under this section.

16. The Court of Appeal may transfer back to the High Court a proceeding that has been transferred to the Court of Appeal.