Supreme Court Act · s 26

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s 26Absence of Judge of Court of Appeal

(1)

If at any time before delivery of a decision, or of the reasons if any therefor, a Judge of the Court of Appeal is unable, for any reason, to attend the proceedings or otherwise exercise his functions as a Judge, the hearing of the appeal shall continue, if the parties consent.

(2)

In such an event, the appeal shall be decided in accordance with the opinion of a majority of the remaining Judges. If there is no majority, the decision appealed against shall stand.