Appeals to Supreme Court—general powers
5052 Appeals to Supreme Court—general powers
For an appeal to the Supreme Court, the court—
has all the powers and duties of the court or tribunal that made the order appealed from; and
may draw inferences of fact; and
may, on special grounds, receive further evidence about questions of fact, either orally in court, by affidavit or in another way; and
may make any of the following orders:
an order confirming, amending or setting aside the order of the court or tribunal appealed from;
an order remitting the case to be heard and decided again, either with or without the hearing of further evidence, by the court or tribunal in accordance with any direction the court considers appropriate; and
may make any other order that it considers appropriate.
If the Supreme Court orders that it will receive further evidence, and the evidence is to be given by an expert witness, the following rules apply, with necessary changes, to the appeal:
• division 2.12.1 (Expert evidence generally)
• division 2.12.2 (Multiple expert witnesses for same issue)
• rule 1242 (Supplementary expert reports)
• rule 1243 (Expert evidence to be covered by expert report)
• rule 1244 (Expert reports admissible as evidence of opinion etc)
• rule 1245 (Requiring attendance of expert for cross-examination etc)
• rule 1246 (Tender of expert report).
Subrule (1) (c) is subject to rule 5193 (Further evidence on appeal to Supreme Court—Magistrates Court Act 1930, s 214).
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