Supreme Court Rules 2000

The Court or a judge hearing an appeal has all the powers conferred on the Full Court by rule 672.

If any document required to be delivered under rule 689 has not been delivered, the Court or a judge may – require a party to supply a copy of any affidavit or other documentary evidence filed in the inferior court; or order a witness examined at the trial in the inferior court to be produced and examined on the hearing of the appeal.

The Court or judge has the power to draw any inference of fact that might have been drawn by the inferior court.

Any new trial ordered by the Court or judge may be ordered to be heard before a judge of the Court or in the inferior court.

The Court or judge may exercise the powers under this rule even if – notice of appeal or cross-appeal has not been given – in respect of any part of the decision of the inferior court; or by any party to the proceeding in the inferior court; or any ground is not specified in the notice of appeal or cross-appeal for – allowing the appeal; or affirming the decision of the inferior court; or varying the decision of the inferior court.

An appeal is not to succeed merely on the ground of misdirection or the improper reception or rejection of evidence unless some substantial wrong or miscarriage has been occasioned by the misdirection, reception or rejection.

The Court or judge may make any order with respect to an appeal from an inferior court which may be just for the purpose of ensuring the determination of the merits of the real question in controversy between the parties.

Subject to section 47(1) of the Act, the Court or judge, on hearing an appeal from an inferior court, may – give or make any judgment the Court or judge considers should have been given or made by the inferior court; and set aside, reverse, alter or vary any judgment given or made by the inferior court; and make any other order the Court or judge considers appropriate.