§ 494 — Reference of question of law arising in case to Court

494.—(1) A Tribunal may, in accordance with this section, refer a question of law arising in any case before the Tribunal for the opinion of the Court.[Act 22 of 2021 wef 01/04/2022]

(2) A reference is to be made by way of a case stated.

(3) A reference —(a)

may be made by the Tribunal on its own motion (whether or not it has decided the case);

(b)

may be made by the Tribunal on the request of a party, which request may only be made —(i)

before the Tribunal decides the case; or

(ii)

within 14 days after the date on which the Tribunal decides the case; and

(c)

must be made by the Tribunal if it is so directed by the Court in an application, which application may only be made —(i)

by a party who made a request under paragraph (b) that was refused by the Tribunal; and

(ii)

within 14 days after the date of the refusal.[Act 22 of 2021 wef 01/04/2022]

(4) Every party to the case is entitled to be heard in a reference under subsection (1) or an application under subsection (3)(c).

(5) Where a reference is made —(a)

the Court is to give its opinion on the referred question of law and remit the case to the Tribunal; and[Act 22 of 2021 wef 01/04/2022]

(b)

the Tribunal must then give effect to the opinion of the Court and for this purpose may —(i)

reconsider or rehear any matter in the case;

(ii)

modify or revoke any order previously made by the Tribunal; and

(iii)

make a fresh order.[Act 22 of 2021 wef 01/04/2022]

(6) The decision of the Court on a reference is final.[Act 22 of 2021 wef 01/04/2022]

(7) In this section, “question of law” does not include a question whether there is sufficient evidence to justify a finding of fact by a Tribunal.[Act 22 of 2021 wef 01/04/2022]

—(1) A Tribunal may, in accordance with this section, refer a question of law arising in any case before the Tribunal for the opinion of the Court.[Act 22 of 2021 wef 01/04/2022]

(2) A reference is to be made by way of a case stated.

(3) A reference —(a)

may be made by the Tribunal on its own motion (whether or not it has decided the case);

(b)

may be made by the Tribunal on the request of a party, which request may only be made —(i)

before the Tribunal decides the case; or

(ii)

within 14 days after the date on which the Tribunal decides the case; and

(c)

must be made by the Tribunal if it is so directed by the Court in an application, which application may only be made —(i)

by a party who made a request under paragraph (b) that was refused by the Tribunal; and

(ii)

within 14 days after the date of the refusal.[Act 22 of 2021 wef 01/04/2022]

(4) Every party to the case is entitled to be heard in a reference under subsection (1) or an application under subsection (3)(c).

(5) Where a reference is made —(a)

the Court is to give its opinion on the referred question of law and remit the case to the Tribunal; and[Act 22 of 2021 wef 01/04/2022]

(b)

the Tribunal must then give effect to the opinion of the Court and for this purpose may —(i)

reconsider or rehear any matter in the case;

(ii)

modify or revoke any order previously made by the Tribunal; and

(iii)

make a fresh order.[Act 22 of 2021 wef 01/04/2022]

(6) The decision of the Court on a reference is final.[Act 22 of 2021 wef 01/04/2022]

(7) In this section, “question of law” does not include a question whether there is sufficient evidence to justify a finding of fact by a Tribunal.[Act 22 of 2021 wef 01/04/2022]