VOLUME: I

ARBITRATION

PART: References under Order of Court (ss 22-27)

CHAPTER: 06:01

 

22.     Reference for report on questions arising in a cause

 

            Subject to rules of Court, the Court may refer any questions arising in any case or matter for inquiry or report to any official or special referee or officer of the Court.

 

23.     Procedure on receipt of report by Court

 

            The report of any official or special referee or officer of the Court may be adopted wholly or partially by the Court, and with or without such amendments as to the Court may seem meet, and when so adopted may be enforced as a judgment to the same effect; or the Court may remit the report for further consideration, or make such other order thereon as to it may seem just.

 

24.     Reference of certain matters for trial before referee or arbitrator

 

            In any cause or matter-

     (a)     if all the parties interested who are not under disability consent;

     (b)     if the cause or matter requires any prolonged examination of documents or any scientific, technical or local investigation which cannot, in the opinion of the Court, conveniently be made or conducted by the Court; or

     (c)     if the question in dispute consists wholly or in part of matters of account,

the Court may at any time order the whole cause or matter, or any question or issue of fact arising therein, to be tried before a special referee or arbitrator agreed on by the parties, or, failing agreement, appointed by the Court, or before any official referee or officer of the Court appointed by the Court.

 

25.     Office and authority of such referee, etc.

 

            In all cases of reference to an officer of the Court or to an official or special referee or arbitrator under an order of the Court in any cause or matter, the official or special referee shall be deemed to be an officer of the Court, and they, or any such officer of the Court, shall have such authority and shall conduct the reference in such manner as may be prescribed by any special order or by rules of Court.

 

26.     Force of report or award

 

            The report or award of any officer of the Court, official or special referee or arbitrator on any such reference shall, unless set aside by the Court, be equivalent to a finding of fact by the Court.

 

27.     Powers of Court

 

     The Court shall, as to references under order of the Court, have all the powers which are by this Act conferred on the Court as to references by consent out of Court.