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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.