Court Procedures Rules 2006

The appellant must serve a sealed copy of the notice of appeal on each respondent.

The notice of appeal must be served—

personally; or

See r 6405 (How document is personally served). A number of rules provide that particular kinds of non-personal service are taken to be personal service eg r 6431 (Service on corporations—generally). Also, service may be done in another way eg by substituted service (see r 6460 (Substituted service)).

if a respondent filed a notice of intention to respond or defence (however described) in the court or tribunal that made the order appealed from, or otherwise gave the court or tribunal an address for service (however described)—on the respondent at the respondent’s address for service (however described) in the proceeding in which the order appealed from was made; or

for an appeal mentioned in the Magistrates Court Act 1930, section 208 (1), other than section 208 (1) (a)—on the informant; or

for an appeal mentioned in the Magistrates Court Act 1930, section 208 (1) (a)—on each person mentioned in the paragraph.

The appellant must also serve a sealed copy of the notice of appeal on the registrar of the court or tribunal.

On application by a party to the appeal or on its own initiative, the Supreme Court may order the appellant to serve the notice of appeal on anyone else.

Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.

The appellant must serve the notice of appeal under subrule (1) not later than 7 days after the day the notice is filed, but no later than 5 days before the day for settling the appeal papers, unless the Supreme Court otherwise orders.

If the Supreme Court makes an order under subrule (5), the registrar of the Supreme Court must make a note of the order on the notice of appeal.

Part 6.8 (Service) applies to this rule as if a reference to an address for service were a reference to an address for service mentioned in subrule (2) (b).

See in particular r 6420 (Ordinary service—address for service).