Section 42
Continuation of proceedings notwithstanding absence of Judge
of Courts of Judicature Act 1964
If, in the course of any proceeding, or, in the case of a reserved judgment, at any time before delivery of the judgment, any
Judge of the Court hearing the proceeding is unable, through illness or any other cause, to attend the proceeding or otherwise exercise his functions as a Judge of that Court, the hearing of the proceeding shall continue before, and judgment or reserved judgment, as the case may be, shall be given by, the remaining Judges of the Court, not being less than two, and the Court shall, for the purposes of the proceeding, be deemed to be duly constituted notwithstanding the absence or inability to act of the Judge as aforesaid.
(2)
In any such case as is mentioned in subsection (1) the proceeding shall be determined in accordance with the opinion of the majority of the remaining Judges of the Court, and, if there is no majority the proceeding shall be reheard.
(3)
(Deleted by Act A1031).