New South Wales Consolidated Acts

SUPREME COURT ACT 1970 - SECT 75A

75A Appeal

(1) Subject to subsections (2) and (3), this section applies to an appeal to the Court and to an appeal in proceedings in the Court.

(2) This section does not apply to so much of an appeal as relates to a claim in the appeal--

(a) for a new trial on a cause of action for debt, damages or other money or for possession of land, or for detention of goods, or

(b) for the setting aside of a verdict, finding, assessment or judgment on a cause of action of any of those kinds,

being an appeal arising out of--

(c) a trial with a jury in the Court, or

(d) a trial--

(i) with or without a jury in an action commenced before the commencement of section 4 of the District Court (Amendment) Act 1975 , or

(ii) with a jury in an action commenced after the commencement of that section,

in the District Court.

(3) This section does not apply to--

(a) an appeal to the Court under the Crimes (Appeal and Review) Act 2001 , or

(b) to a case stated under the Criminal Appeal Act 1912 .

(4) This section has effect subject to any Act.

(5) Where the decision or other matter under appeal has been given after a hearing, the appeal shall be by way of rehearing.

(6) The Court shall have the powers and duties of the court, body or other person from whom the appeal is brought, including powers and duties concerning--

(a) amendment,

(b) the drawing of inferences and the making of findings of fact, and

(c) the assessment of damages and other money sums.

(7) The Court may receive further evidence.

(8) Notwithstanding subsection (7), where the appeal is from a judgment after a trial or hearing on the merits, the Court shall not receive further evidence except on special grounds.

(9) Subsection (8) does not apply to evidence concerning matters occurring after the trial or hearing.

(10) The Court may make any finding or assessment, give any judgment, make any order or give any direction which ought to have been given or made or which the nature of the case requires.