Leave to appeal required in all cases
35F Leave to appeal required in all cases
Leave of the Court of Appeal is required for each ground of appeal in an appeal brought under this Part.
Except as provided in subsection (3), the Court of Appeal must decide whether to give leave to appeal on a ground of the appeal before the hearing of the appeal.
If the Court of Appeal considers it necessary or desirable, it may give leave to appeal at the hearing of, or when giving judgment on, the appeal.
After an appeal has commenced, the Court of Appeal must not give leave to appeal on a ground of appeal unless it is satisfied —
the ground identifies fresh and compelling evidence or new and compelling evidence that should, in the interests of justice, be considered on an appeal; and
the ground has a reasonable prospect of succeeding.
Unless the Court of Appeal gives leave to appeal on at least 1 ground of appeal, the appeal is taken to have been dismissed.
[Section 35F inserted: No. 18 of 2022 s. 4.]
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.