Section 13
On receiving a notice of appeal, the secretary shall-
of Competition (Appeals) Regulations, 2020
(a)
aftix to the notice an official stamp showing the date on which the notice was received~
(b)
enter the appeal in a list and assign a number thereto. which shall constitute the title of the appeal;
(c)
inform the appellant of the title of the appeal; and
(d)
subject to regulations 9 and 10, forward a copy of the notice of appeal to the Commission.
Defence 14.
(I)
The Commission shall send to the Tribunal a defence, in the case of an appeal refetTed to in regulation 7(2). within 6 weeks of the date on which the Commission received a copy of the notice of appeal.
(2)
The defence -
(a!
shall state-
(i)
the name and address of the Commission;
(ii)
the name and address of the Commission's legal representative;
and
(iii)
an address in Brunei Darussalam for the service of documents;
(b)
shall contain-
(i)
a succinct presentation of the arguments of fact or law upon which the Commission will rely; and
(ii)
the relief or directions (if any) sought by the Commission; and
(c)
shall be signed and dated by a duly authorised officer or the legal representative of the Commission.
(3)
The Commission shall send the duly signed original of the defence and its accompanying documents to the secretary together with 5 copies thereof, each certified by a duly authorised officer or the legal representative of the Commission to be in conlonnity with the original.
(4)
The Tribunal may. on the application ofthe Commission, in its discretion extend the time limit provided under sub-regulation (!)for the sending of the defence.
(5)
On receiving the defence, the secretary shall forward a copy to the appelant.
Defective defence 15.
(I)
If the Tribunal considers that a defence is not sent in accordance with regulation 14, or is materially incomplete, unduly prolix or lacking in clarity, the Tribunal may give such directions to the Commission as may be necessary to remedy the defence.
(2)
The Tribunal may. if it considers that the efficient conduct of the appeal proceedings so requires, instruct the secretary to defer forwarding a copy of the defence to the appellant until after the directions given under sub-regulation (I) have been complied with.
Amendment of defence 16.
(I)
The Commission may. with the pennission ofthe Tribunal, amend its defence.
(2)
Where the Tribunal grants permission under sub-regulation (I), it may do so on such conditions as it thinks tit to impose. and it shall give such further or consequential directions as it may consider necessary.
(3)
The Tribunal shall not grant permission to amend a defence unless the Tribunal is satisfied that -·
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(a)
there exists any matter of fact or law which came to light after the defence \Vas sent to the Tribunal~
(b)
it was not practicable to include in or omit from the defence, as the case may be, the subject matter of the amendment proposed by the Commission; or
(c)
there are exceptional circumstances to do so.