New South Wales Consolidated Acts

SUPREME COURT ACT 1970 - SECT 46A

46A Certain appeals may be heard by 2 Judges of Appeal

(1) This section applies to an appeal to the Court of Appeal--

(a) from any court, where the appeal relates solely to the amount of damages awarded in respect of the death of, or bodily injury to, a person, or

(b) from the District Court (in respect of any matter dealt with in the compensation jurisdiction of that Court), where the appeal relates solely to the amount of compensation awarded by that Court, or

(c) from the Dust Diseases Tribunal, where the appeal relates solely to the amount of compensation awarded by that Tribunal, or

(d) from a court or tribunal (other than the Supreme Court), where--

(i) the leave of the Court of Appeal is required in respect of the appeal, and

(ii) the appeal is not against a final judgment, order, award or decision of the court or tribunal (other than an order for the payment of costs).

(2) The Chief Justice may direct that such an appeal be heard and determined by such 2 Judges of Appeal as the President of the Court of Appeal directs.

(3) Such a direction may only be given if the Chief Justice is of the opinion that the appeal is not likely to require the resolution of a disputed issue of general principle.

(4) For the purpose of an appeal the subject of a direction under this section, the Court of Appeal is constituted by the 2 Judges directed by the President of the Court of Appeal.

(5) The decision of the Court of Appeal when constituted by 2 Judges is to be in accordance with the opinion of those Judges.

(6) If the Judges are divided in opinion--

(a) as to the decision determining the proceedings, the appeal is to be reheard and determined by the Court of Appeal constituted by such 3 Judges of Appeal as the President of the Court of Appeal directs (including, if practicable, the 2 Judges who first heard the appeal), or

(b) as to any other decision, the decision of the Court is to be in accordance with the opinion of the senior Judge present.

(7) Proceedings heard by the Court of Appeal constituted by 2 Judges under this section are rendered abortive for the purposes of section 6A (1) (a1) of the Suitors' Fund Act 1951 if they are required to be reheard because the judges were divided in opinion as to the decision determining the proceedings. The rehearing of the proceedings is considered to be a new trial for the purposes of that Act.

(8) In this section--

"compensation jurisdiction" of the District Court has the same meaning as in Division 8A of Part 3 of the District Court Act 1973 .