Queensland Consolidated Acts

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DISTRICT COURT OF QUEENSLAND ACT 1967 - SECT 118

Appeal to the Court of Appeal in certain cases

118 Appeal to the Court of Appeal in certain cases

(1) This section—
(a) does not apply to an appeal from a judgment of the District Court in the exercise of its criminal jurisdiction under part 4 ; but
(b) does apply to an appeal from other judgments of the District Court in the exercise of its criminal jurisdiction, including on an appeal brought before the court under the Justices Act 1886 , section 222 .
(2) A party who is dissatisfied with a final or interlocutory judgment of the District Court in its original jurisdiction may appeal to the Court of Appeal if the judgment—
(a) is given for an amount equal to or more than the Magistrates Courts jurisdictional limit; or
(b) relates to a claim for, or relating to, property that has a value equal to or more than the Magistrates Courts jurisdictional limit.
(3) Subject to sections 118A and 118B , a party who is dissatisfied with any other judgment of the District Court, whether in the court’s original or appellate jurisdiction, may appeal to the Court of Appeal with the leave of that court.
(4) In deciding whether there is a right of appeal under this section, the Court of Appeal may—
(a) inform itself in any way it considers appropriate, including by reference to the appeal record; and
(b) decide the question summarily without hearing evidence.
(5) If it is reasonably arguable that a right of appeal under this section exists, the Court of Appeal may treat that circumstance as a ground for granting leave to appeal.
(6) If the Court of Appeal grants leave under subsection (3) , it may grant it on the conditions it considers appropriate.
(7) A single judge of the Court of Appeal may—
(a) grant (with or without condition) or refuse leave mentioned in subsection (3) ; or
(b) make the decision mentioned in subsection (4) (b) .
(8) An appeal from the District Court in its original jurisdiction is by way of rehearing.
(9) In this section—

"final judgment" , of the District Court, includes a judgment that grants leave to enter a judgment mentioned in subsection (2) .

"Magistrates Courts jurisdictional limit" means the amount of the jurisdictional limit of Magistrates Courts for personal actions stated in the Magistrates Courts Act 1921 , section 4 (a) .



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