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s 223

Appeal generally a rehearing on the evidence

In force
Part 9Appeals from the decisions of justices
Division 1Appeal to a District Court judge

223 Appeal generally a rehearing on the evidence

(1)

An appeal under section 222 is by way of rehearing on the evidence (original evidence) given in the proceeding before the justices.

(2)

However, the District Court may give leave to adduce fresh, additional or substituted evidence (new evidence) if the court is satisfied there are special grounds for giving leave.

(3)

If the court gives leave under subsection (2), the appeal is—

(a)

by way of rehearing on the original evidence; and

(b)

on the new evidence adduced.

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