UNIFORM CIVIL PROCEDURE RULES 1999 - REG 765
Nature of appeal and application for new trial
UNIFORM CIVIL PROCEDURE RULES 1999 - REG 765
Nature of appeal and application for new trial
765 Nature of appeal and application for new trial
(1) An appeal to the
Court of Appeal under this chapter is an appeal by way of rehearing.
(2)
However, an appeal from a decision, other than a final decision in a
proceeding, or about the amount of damages or compensation awarded by a court
is brought by way of an appeal.
(3) An application for a new trial is brought
by way of an appeal.
(4) Despite subrules (2) and (3) but subject to the Act
authorising the appeal, the Court of Appeal may hear an appeal from a decision
mentioned in subrule (2) or an application for a new trial by way of rehearing
if the Court of Appeal is satisfied it is in the interests of justice to
proceed by way of rehearing.
