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s 40

Right of appeal

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Part 6Appeals and reservation of questions of law
Division 1Appeals from Civil Division of Court

40 Right of appeal

(1)

A party to a civil action (except a minor civil action) may, in accordance with the rules of the Supreme Court, appeal against any judgment given in the action.

(2)

If the rules of the Supreme Court provide that an appeal from a judgment of a particular class can only be brought with the permission of that

Court, the right of appeal is limited accordingly, but in any other case an appeal lies as of right.

(3)

The appeal lies to the Supreme Court constituted of a single Judge but the Judge may (if he or she thinks fit) refer the appeal for hearing and determination by the Court of Appeal.

(4)

If jurisdiction to try the civil action is created by statute and the terms of the statute are such as to indicate that Parliament did not intend that there should be an appeal from a decision made in the exercise of that jurisdiction, that intention prevails.

(5)

A right of appeal conferred by this section extends to a legal practitioner, witness or other person against whom an order under section 37 is made.

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Section 40 — Right of appeal — Magistrates Court Act 1991 (South Australia) — Barrister AI