Order 47 FCT (Civil Procedure) Rules 2025

Order 47 of the Federal Capital Territory (FCT) High Court (Civil Procedure) Rules 2025 is about Appeals to the High Court from Decision of Auditors. It contains the following rules:

1. This order shall apply to an appeal to the Court from a
   decision of an auditor made under the provisions of any
   written law which confers the right to appeal to the High
   Court against any such decision.
2. An appeal to the Court from a decision of an auditor shall
   be by notice of motion.
3. The evidence upon the hearing of the appeal shall be by
   affidavit except otherwise direct by the Court.
4. The notice of motion shall be served, before the expiration
   of 6 weeks after the date of the decision to which it relates,
   on the auditor in charge of the audit in which the decision
   has been made and also upon the area council or other
   body in relation to whose accounts or to the accounts of
   whose officer the decision was given, if that Area Council
   or other body is not the appellant.

5. The notice of motion shall state the grounds of appeal, and
   the date mentioned in the notice for the hearing of the
   appeal shall, not be less than 28 days after the service of the
   notice.
6. (1) An appellant shall within 7 days after service on the
   auditor of the notice of motion, file with the Registrar
   (appeals) a copy of such notice and an affidavit setting out
   the reasons stated by the auditor for his decision and the
   facts upon which the appellant intends to rely at the
   hearing and the motion shall be set down for hearing.
   (2) Where a notice of motion is not set down accordingly,
   either the Area Council or other body or the auditor may
   apply to the Court, upon notice to the appellant for an order
   discharging the notice of motion and for the costs of the
   application.

7. An appellant shall deliver immediately to the Area Council
   or other body and to the auditor a copy of any affidavit filed
   under Rule 6 in support of the motion and any person
   intending to oppose the motion shall, within 4 days before
   the hearing, deliver to the appellant a copy of an affidavit
   intended to be filed by him in opposition to the motion.
8. Where under Rule 4 of this Order, a notice of motion is
   served on an auditor other than that auditor who gave the
   decision that other auditor may appear in opposition, as if
   he were the auditor by whom the decision was given, and
   these provisions shall apply accordingly.

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