MAGISTRATES COURT (CIVIL PROCEEDINGS) ACT 2004 - SECT 40

MAGISTRATES COURT (CIVIL PROCEEDINGS) ACT 2004 - SECT 40

40 .         Appeal from Magistrates Court to District Court

        (1)         A party to a case that is not a minor case may appeal to the District Court against —

            (a)         any order made by the Magistrates Court in the course of proceedings in the case; or

            (b)         the judgment of the Magistrates Court in the case.

        (2)         An appeal against the judgment of the Magistrates Court in a case that is a minor case is subject to section 32.

        (3)         An appeal cannot be commenced more than 21 days after the date of judgment, unless the District Court gives leave to do so.

        (4A)         The appeal must be conducted in accordance with rules of court made by the District Court.

        (4)         The District Court must decide the appeal on —

            (a)         the material and evidence that were before the Magistrates Court; and

            (b)         any other evidence that it gives leave to be admitted.

        (5)         Leave may only be given under subsection (4)(b) in exceptional circumstances.

        (6)         Subsection (4) does not prevent the District Court from dealing with an appeal against a decision of the Magistrates Court to admit or refuse to admit any evidence.

        [Section 40 amended: No. 43 of 2012 s. 6.]