151. Special case may be reserved for Supreme Court

    At any stage of any civil proceedings before it the Magistrates Court may reserve any question of law for the opinion of the Supreme Court, and, with respect to every question so reserved, the following provisions shall apply

    (a) the Magistrates Court shall prepare a special case, setting forth the question so reserved, and shall transmit such case to a Master of the Supreme Court;

    (b) the Master shall set a special case down for argument before a Judge of the Supreme Court, and the Judge's opinion on the special case shall, when given, be drawn up and transmitted by the Master to the Magistrates Court;

    (c) the costs of the proceedings shall be in the discretion of the Judge;

    (d) upon receipt of such opinion the Magistrates Court shall act in accordance therewith, and in the meantime no judgment or order of the Magistrates Court shall affect the question so reserved;

    (e) when reserving any such question, or at any time before acting on the Judge's opinion thereon, the Magistrates Court, on the application of any party to the proceedings, and on such terms as it thinks fit, may make such order for an injunction or a receiver or for payment of money into court, or for giving security for damages and costs or otherwise, and on such terms, as it may think fit.

    [Section 151 amended by No. 12 of 1990 s. 116; No. 59 of 2004 s. 141.]



Note: This is not an authorised version. The only authorised version is the hardcopy (printed) version published under authority of the Government Printer, available from the State Law Publisher, 10 William St Perth W.A. 6000.