MAGISTRATES COURT (CIVIL PROCEEDINGS) ACT 2004 - SECT 42

MAGISTRATES COURT (CIVIL PROCEEDINGS) ACT 2004 - SECT 42

42 .         Appeal from District Court to Court of Appeal

        (1)         A party to an appeal made to the District Court under section 40 may appeal to the Court of Appeal against the District Court’s judgment on the appeal.

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

        (3A)         The appeal must be conducted in accordance with rules of court made by the Supreme Court.

        (3)         The Court of Appeal must decide the appeal on —

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

            (b)         the material that was before the District Court and any other evidence that the District Court admitted; and

            (c)         any other evidence that the Court of Appeal gives leave to be admitted.

        (4)         Leave may only be given under subsection (3)(c) in exceptional circumstances.

        (5)         Subsection (3) does not prevent the Court of Appeal from dealing with an appeal against a decision of the District Court to admit or refuse to admit any evidence.

        [Section 42 amended: No. 45 of 2004 s. 37; No. 43 of 2012 s. 7.]