South Australian Current Acts

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SUPREME COURT ACT 1935 - SECT 50

50—Appeals

        (1)         Subject to this section—

            (a)         an appeal lies to the Full Court against a judgment of the court constituted of a single judge; and

            (b)         an appeal lies against a judgment of the court constituted of a master.

        (2)         An appeal against a judgment of a master or judicial registrar lies, if the rules so provide, to the Full Court and otherwise to the court constituted of a single judge.

        (2a)         Subject to the rules, subsections (3)


and (4)(a)(i)


do not apply to an appeal against a judgment of a judicial registrar.

        (3)         No appeal lies against—

            (a)         an order allowing an extension of time to appeal from a judgment; or

            (b)         an order giving unconditional permission to defend an action; or

            (c)         a judgment that is, by statute, under the rules, or by agreement of the parties, final and without appeal.

        (4)         An appeal lies only with the permission of the court

            (a)         from a judgment of any of the following classes:

                  (i)         a judgment given by consent of the parties;

                  (ii)         a judgment given by a single judge on appeal from a judgment of the Magistrates Court; or

            (b)         if the rules provide that the appeal lies by permission of the court.

        (5)         The rules cannot, however, require the court's permission for an appeal if the judgment under appeal—

            (a)         denies, or imposes conditions on, a right to defend an action; or

            (b)         deals with the liberty of the subject or the custody of an infant; or

            (c)         grants or refuses relief in the nature of an injunction or the appointment of a receiver; or

            (d)         is a declaration of liability or a final assessment of damages under section 30B


; or

            (e)         makes a final determination of a substantive right.

Exception—

If a judgment is given by a single judge on appeal from some other court or tribunal, the rules may require the court's permission for a further appeal to the Full Court even though the judgment makes a final determination of a substantive right.

        (6)         In this section—

"judgment" includes—

            (a)         an order or direction; and

            (b)         a decision not to make an order or direction.



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