Urgency In Ex Parte Applications

Section 9 of the Civil Procedure Law, Cap 6 provides for the granting of ex–parte interim Orders. Section 9 is a procedural section at the core, but for one provision, subsection (1) of Section 9, which has been characterized as jurisdictional. This is due to the fact that subsection (1) provides the necessary basis for the Court to exceptionally grant an Order in the absence of the other party provided the element of urgency or any other special circumstance are established. This is so, in spite of natural law principles and especially of the latin maxim "audi alteram partem" [RESOLA (CYPRUS) LTD ν. Χρήστου (1998) 1 ΑΑΔ 598].

The case of Amvrosiadou v. Coward (2013) 1 ΑΑΔ 78 indicates that urgency as a jurisdictional condition should be examined as a matter of priority and separately from the substance of the application and the conditions as set out in Article 32 of the Law of Courts 14/60.