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UNIFORM CIVIL PROCEDURE RULES 2005 - REG 50.16 Conduct of appeal

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 50.16

Conduct of appeal

50.16 Conduct of appeal

(1) If the decision under appeal has been given after a hearing, the appeal is to be by way of rehearing.
(2) The higher court has the powers and duties of the court, body or other person from whom the appeal is brought, including powers and duties concerning--
(a) amendment, and
(b) the drawing of inferences and the making of findings of fact, and
(c) the assessment of damages and other money sums.
(3) The higher court may receive further evidence.
(4) Despite subrule (3), where the appeal is from a judgment after a trial or hearing on the merits, the higher court may not receive further evidence except on special grounds.
(5) Subrule (4) does not apply to evidence concerning matters occurring after the trial or hearing.
(6) The higher court may make any finding or assessment, give any judgment, make any order or give any direction which ought to have been given or made.