Appeal from Associate Judge to the Court of Appeal
3A.13 Appeal from Associate Judge to the Court of Appeal
Subject to section 17A of the Supreme Court Act 1986, for the purposes of sections 10(1)(ab) and 17(3) of that Act—
an appeal lies to the Court of Appeal (and not to the Trial Division) from a determination of the Trial Division constituted by an Associate Judge in respect of an appeal to which this Order applies if the appeal was referred to the Associate Judge by a Judge of the Court under Rule 3A.11;
the appeal to the Court of Appeal may extend to any determination of the Trial Division constituted by the Associate Judge in respect of any matter related to the referred appeal, even if the matter was within the authority of an Associate Judge apart from the referral; and
if leave to appeal would have been required had the appeal been determined by a Judge of the Court, the appeal from the Trial Division constituted by an Associate Judge shall only be by leave of the Court of Appeal.
Note
An example of a related matter for the purposes of Rule 3A.13(1)(b) is an associated application for leave to appeal.
Order 64 of Chapter I applies to an appeal referred to in paragraph (1) with any necessary modification.
Order 3A Pt 3 (Heading and rules 3A.14–3A.18) inserted by S.R. No. 32/2018 rule 35.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.