MAGISTRATES COURT (CIVIL PROCEEDINGS) ACT 2004 - SECT 43

MAGISTRATES COURT (CIVIL PROCEEDINGS) ACT 2004 - SECT 43

43 .         Appeal court’s powers

        (1)         This section applies to a court (the appeal court ) that is dealing with an appeal under section 40, 41 or 42 against an order or judgment of another court (the lower court ).

        (2)         The appeal court may ascertain what material or evidence was before the lower court in any manner that it considers sufficient.

        (3)         The appeal court may strike out the appeal if the likely costs of the appeal to the parties would be disproportionate to the amount of the claim in, or the nature of, the case which is the subject of the appeal.

        (4)         The appeal court may strike out any ground of the appeal if —

            (a)         there is no reasonable basis for it; or

            (b)         it does not have a reasonable prospect of succeeding; or

            (c)         although it has a reasonable prospect of succeeding, no miscarriage of justice would occur by striking it out; or

            (d)         it is frivolous, vexatious, scandalous or improper.

        (5)         The appeal court may make an order under subsection (3) or (4) on its own initiative.

        (6)         If the appeal court strikes out all of the grounds of the appeal the court may give judgment accordingly without a full hearing of it.

        (7)         The appeal court may —

            (a)         confirm, vary or set aside all or a part of the lower court’s judgment;

            (b)         give any judgment and make any order that the Magistrates Court could have given or made;

            (c)         order a new hearing in, or trial of, the case to be held in the Magistrates Court;

            (d)         order the Magistrates Court to enter judgment in favour of a party;

            (e)         make an order as to the costs of the appeal and as to the costs in the Magistrates Court and, in an appeal to the Court of Appeal, as to the costs in the District Court;

            (f)         make any orders that are necessary as a result of other orders it has made.

        [Section 43 amended: No. 45 of 2004 s. 37.]