New South Wales Repealed Acts New South Wales Repealed ActsThis legislation has been repealed.
(1) Subject to subsection (2), all judgments and orders of a court exercising jurisdiction under this Act shall be final and conclusive.
(2) A party to proceedings under this Act who is dissatisfied with the judgment or order of the court as being erroneous in point of law, may appeal to the Supreme Court therefrom.
(2A) However, in the case of proceedings in the Small Claims Division of a court, an appeal under subsection (2) lies only on the ground of lack of jurisdiction or denial of natural justice.
(2B) Despite subsection (2), but subject to subsection (2A), an appeal does not lie to the Supreme Court against any of the following judgments or orders of a court except by leave of the Supreme Court:(a) an interlocutory judgment or order,(b) a judgment or order made with the consent of the parties,(c) an order as to costs.
(3) A party to proceedings under this Act who is dissatisfied with the judgment or order of the court on a ground that involves a question of mixed law and fact may appeal to the Supreme Court, but only by leave of the Supreme Court.
(4) The Supreme Court may determine an appeal made under this section:(a) by setting the judgment or order aside, or(b) by varying the terms of the judgement or order, or(c) by setting the judgment or order aside and remitting the matter to the court for determination in accordance with the Supreme Court’s directions, or(d) by dismissing the appeal.
(5) Subject to any order of the Supreme Court to the contrary, the judgment or order against which the appeal is made is stayed pending the determination of the appeal.
(6) If the Supreme Court determines the appeal by remitting the matter to the court, and the Magistrate who gave the judgment or made the order:(a) has ceased to hold office as Magistrate, or(b) is for any other reason unable to continue to hear and determine the matter,the matter is to be dealt with by another Magistrate nominated by the Chief Magistrate.