3.
Unless the Court otherwise directs, an appeal under this order shall not be heard sooner than
twenty-one days after service of notice of the motion by which the appeal is brought.
Amendment of notice of motion.
4.
(1) The notice of the motion by which an appeal is brought may be amended by the appellant
without leave, by supplementary notice served not less than seven days before the day
appointed for the hearing of the appeal on each person on whom the notice to be amended was
served.
(2)
Except with the leave of the Court hearing any such appeal, no grounds other than those stated in the
notice of motion by which the appeal is brought or any supplementary notice under sub-rule
(1), may be relied upon by the appellant at the hearing; but the Court may amend the grounds so
stated or make any other order, on such terms as it thinks just, to ensure the determination on the
merits of the real question in controversy between the parties.
Power of the Court on appeal.
5.
(1) upon the first hearing of the motion the Court shall give directions as to the procedure of
appeal.
(2)
The Court shall have power to receive further evidence on questions of fact, and the evidence
may be given in such manner as the Court may direct either by oral examination in Court,
by affidavit, by deposition taken before an examiner or in any other manner.
(3)
The appellant shall apply to the Registrar for a signed copy of any note made to him of the
proceedings and furnish the copy to the Court for the use of the Court; and in default of
production of any such note, or if the note is incomplete, in addition to the note, the Court may
hear and determine the appeal on any other evidence or statement of what occurred in those
proceedings as appears to the Court to be sufficient.
(4)
The Court may give any Judgment or decision or make any order which ought to have been given
or made by the Registrar, and make such further or other orders as the case may require or may
remit the matter with the opinion of the Court for re-hearing and determination by the
Registrar.
(5)
The Court may, in special circumstances, order such security to be given for the costs of the
appeal as may be
(6)
The Court shall not allow an appeal on the ground merely of misdirection, or of the improper
admission or rejection of evidence, unless in the opinion of the Court, substantial wrong or
miscarriage of justice has been occasioned thereby.
(7)
Where an appeal is against the refusal of a trade mark application by the Registrar, the
Registrar shall appear or be represented and be heard in the proceedings on the appeal.
Reference by Registrar.
6.
(a)
(1) the Registrarmay refer any application; and