5
CurrentNature of appeal
5 Nature of appeal
(1)
In this rule —
primary court, in relation to a disease test order appeal, means the court that made the relevant disease test order as defined in section 15 of the Act.
(2)
A disease test order appeal must be by way of a reconsideration of the evidence that was before the primary court unless the parties agree otherwise.
(3)
At the hearing of the appeal a party must not adduce evidence that was not adduced in the primary court except with the leave of the Court.
(4)
The Court is not to grant such leave unless satisfied there are special grounds for doing so.
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