s 41
In forceAppeal in cases where jurisdiction is discretionary or exercisable as result of judge's opinion
Part VNew Trials and Appeals
41 Appeal in cases where jurisdiction is discretionary or exercisable as result of judge's opinion
Subject to the provisions of sections 43, 44, and 45, and to the other provisions of this Act, an appeal shall lie to a Full Court from any judgment, order, or other determination (whether final or otherwise) given or made by a judge, whether sitting in court or in chambers, in the exercise of any discretionary jurisdiction, or any jurisdiction conferred by any statute, or Order or Rule of Court which is so expressed as to empower or require the judge to give or make such judgment, order, or other determination as the result of his opinion on any matter, or if in his opinion it should be given or made.
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