MAGISTRATES COURT (CIVIL PROCEEDINGS) ACT 2004 - SECT 32
MAGISTRATES COURT (CIVIL PROCEEDINGS) ACT 2004 - SECT 32
32 . Appeals
(1) Except as provided
by this section, no appeal lies against —
(a) an
order made by the Court in the course of proceedings in a minor case; or
(b) the
judgment of the Court in a minor case.
(2) If a party to a
minor case is dissatisfied with the judgment of the Court in the case then
—
(a) if
the Court was constituted by a magistrate — an appeal lies against the
judgment under Part 7 and, subject to subsection (3), Part 7 applies to the
appeal; or
(b) if
the Court was not constituted by a magistrate — the party may appeal to
a magistrate under and subject to the rules of court and this section.
(3) Despite Part 7 an
appeal against a judgment in a minor case may only be made on the grounds
—
(a) that
the minor case —
(i)
was not within the jurisdiction of the Court; or
(ii)
was not a minor case;
or
(b) that
in dealing with the minor case there was a denial of natural justice; or
(c) that
the judgment was beyond the Court’s jurisdiction.
(4) A magistrate who
deals with an appeal under this section against a judgment may —
(a)
confirm, vary or set aside all or a part of the judgment;
(b) give
any judgment and make any order that it could have given or made in, or order
a new trial of, the minor case;
(c) make
an order as to the costs of the appeal;
(d) make
any orders that are necessary as a result of other orders it has made.