Uniform Civil Procedure Rules 1999

The Court of Appeal—

has all the powers and duties of the court that made the decision appealed from; and

may draw inferences of fact, not inconsistent with the findings of the jury (if any), and may make any order the nature of the case requires; and

may, on special grounds, receive further evidence as to questions of fact, either orally in court, by affidavit or in another way; and

may make the order as to the whole or part of the costs of an appeal it considers appropriate.

For subrule (1)(c), further evidence may be given without special leave, unless the appeal is from a final judgment, and in any case as to matters that have happened after the date of the decision appealed against.

Subject to any Act, the jurisdiction and powers of the Court of Appeal may be exercised by 2 or more judges of appeal in proceedings of the following kind—

applications in criminal proceedings for an extension of time within which to appeal or to apply for leave to appeal;

applications in criminal proceedings for leave to appeal;

applications for leave to appeal in any other matter;

civil proceedings other than appeals from judgments or orders given or made by a Supreme Court judge.

On an appeal, the powers of the Court of Appeal are not limited because of an order made on an application in a proceeding from which there has been no appeal.

Also, on hearing an application for a new trial or to set aside the verdict or finding of a jury, the Court of Appeal may, if satisfied it has before it all the materials necessary for finally determining any or all of the questions in dispute or for awarding any relief sought, give final judgment in the matter, and may for that purpose draw any inference of fact not inconsistent with any findings of the jury.

The Court of Appeal may exercise its powers under this rule even though—

a notice of appeal has not been given for a particular part of the decision or by a particular party to the proceeding; or

a ground for allowing the appeal or for affirming or varying the decision is not stated in the notice of appeal.