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Power of Compensation Board to state special case for decision of General Division of High Court

Requisition of Resources Act 1985

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—(1) A Compensation Board may, at any stage of any proceedings before it, reserve for the consideration of the General Division of the High Court any question of law arising in the proceedings in the form of a special case which must —(a)be drawn up by the Commissioner and must set out briefly the facts on which the law is to be applied and the question or questions of law to be determined;(b)be sent by the Commissioner to the Registrar of the Supreme Court; and(c)be set down for argument in such manner as the General Division of the High Court directs.(2) The General Division of the High Court is to hear and determine the question or questions of law arising on the special case and must then remit the matter to the Commissioner with the opinion of the General Division of the High Court thereon and that opinion is binding on the Compensation Board.(3) The costs of the proceedings in the General Division of the High Court are to be in the discretion of the General Division of the High Court and may be dealt with by the order of the General Division of the High Court, except that no member of the Compensation Board shall be personally liable to any costs in respect of the proceedings.(4) Nothing in this section is to be construed to prevent a Compensation Board from determining any question of law arising in any proceedings before it.

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