MAGISTRATES COURT ACT 1991 - SECT 40
MAGISTRATES COURT ACT 1991 - SECT 40
(1) A party to a
civil action (except a minor civil action) may, in accordance with the rules
of the Supreme Court, appeal against any judgment given in the action.
(2) If the rules of
the Supreme Court provide that an appeal from a judgment of a particular class
can only be brought with the permission of that Court, the right of appeal is
limited accordingly, but in any other case an appeal lies as of right.
(3) The appeal lies to
the Supreme Court constituted of a single Judge but the Judge may (if he or
she thinks fit) refer the appeal for hearing and determination by the Court of
Appeal.
(4) If jurisdiction to
try the civil action is created by statute and the terms of the statute are
such as to indicate that Parliament did not intend that there should be an
appeal from a decision made in the exercise of that jurisdiction, that
intention prevails.
(5) A right of appeal
conferred by this section extends to a legal practitioner, witness or other
person against whom an order under section 37 is made.