New South Wales Consolidated Acts

LAND AND ENVIRONMENT COURT ACT 1979 - SECT 58

58 Class 4 proceedings--appeals

(1) Where a party to proceedings in Class 4 of the Court's jurisdiction is dissatisfied with an order or decision (including an interlocutory order or decision) of the Court, the party may appeal to the Supreme Court against the order or decision.

(2) On the hearing of an appeal under subsection (1), the Supreme Court shall--

(a) make an order reversing, affirming or amending the order or decision appealed against,

(b) remit the matter to the Court for determination by the Court in accordance with the decision of the Supreme Court,

(c) make an order directing a rehearing of the proceedings in respect of which the order or decision appealed against was made, or

(d) make such other order in relation to the appeal as seems fit.

(3) Despite subsection (1), an appeal does not lie to the Supreme Court against any of the following orders or decisions of the Court except by leave of the Supreme Court--

(a) an interlocutory order or decision,

(b) an order made with the consent of the parties,

(c) an order or decision as to costs.

(4) The amendment made to this section by the Courts Legislation Further Amendment Act 1995 does not operate to require leave to appeal against an order or decision of the Court if, when the order or decision was made, an appeal lay as of right.