Appeals

Question 1

CC DJ

Answer 1

CC HHJ

Question 2

HC Master

Answer 2

HC Judge

Question 3

HHJ

Answer 3

HC Judge

Question 4

HC Judge

Answer 4

CA

Question 5

CA

Answer 5

SC

Question 6

Automatic appeals to the CA

Answer 6

• Final decisions in Part 7 MT claims
• Final decisions in Companies Act claims
• Contempt findings in CC

Question 7

Second appeals

Answer 7

Always to CA

Question 8

Time for appeal

Answer 8

21 days from decision of lower court

Question 9

Appeal permission test

Answer 9

• Real prospect of success

- Some other compelling reason

Question 10

Procedure

Answer 10

1) From judge below
2) Renew the application to appeal court
3) Seek a hearing

Question 11

Appellant’s notice on form…

Answer 11

…N161

- respects in which the LC judgment was wrong/unjust

Question 12

Materials to be filed with appellant’s notice

Answer 12

• 3 copies of the notice
• Sealed copy of order being appealed
• Copy of order granting permission from LC
• Grounds of appeal
• Skeleton (always in CA)
• Transcript (always in CA)
• First order (in CA 2nd appeals)

Question 13

Skeleton argument must:

Answer 13

• State reasons why decision is wrong
• Not exceed 25 pages
• Be on A4 paper, 12 point font, 1.5 line spacing
• Self-contained
• Not include extensive quotations from authority

Question 14

Application bundle

Answer 14

• 35 days after filing appellant’s notice

- Copy of A’s notice, R’s notice, skeletons, order under appeal, etc.

Question 15

Respondent’s notice

Answer 15

• If R wishes to ask appeal court to uphold/vary for different reasons
• Within 14 days
• Served on parties ASAP and within 7 days of filing

Question 16

Appeal hearing

Answer 16

• Only reviews decision unless in interests of justice to rehear
• Decision to admit fresh evidence based on interests of justice, overriding object, and Ladd v Marshall principles (reasonable diligence could not have obtained originally, would have an important influence on result, evidence credible)

Question 17

Appeal outcomes

Answer 17

• Affirm, set aside or vary any order of judgment of LC
• Refer any claim for determination by LC
• Order new trial/hearing
• Orders for interest
• Costs orders