After rule 680 of the Principal Rules , the following Division is inserted in Part 27:

Division 1A - Appeal from Master

680A.     Appeal from Master

(1)  In this rule " judgment " includes any decision, order or other determination.

(2)  A person affected by a judgment of the Master may appeal against the whole or any part of the judgment by a notice of appeal to –

(a) a judge sitting in chambers, if the judgment was given in chambers; or

(b) a judge sitting in court, if the judgment was given in court.

(3)  An appeal is to be instituted –

(a) in the case of an appeal from a final judgment, within 21 days after the judgment was pronounced; or

(b) in the case of an appeal from a judgment that is not a final judgment, within 10 days after the judgment was pronounced; or

(c) in the case of the refusal of an application, within 10 days after the refusal.

(4)  An appeal is to be instituted by –

(a) filing an original notice of appeal; and

(b) serving a copy of the notice of appeal on each party directly affected by it.

(5)  If an appeal is brought from a judgment given in a proceeding in a District Registry, the notice of appeal is to be filed in the District Registry.

(6)  A respondent seeking to appeal from the whole or a part of the judgment from which the appellant has appealed is to, within 14 days after the service of the notice of appeal –

(a) file an original notice of cross-appeal; and

(b) deliver a copy of the notice of cross-appeal to the appellant and any other party directly affected by it.

(7)  Within 42 days after the expiration of the time limited for the institution of an appeal, an appellant is to –

(a) file an appeal book together with one copy; and

(b) deliver a copy of the appeal book to each respondent.

(8)  A judge may refer an appeal, or any point or question arising in an appeal, for determination by the Full Court, and upon such a referral the appellant is to file 2 additional copies of the appeal book.

(9)  Unless otherwise ordered, an appeal book is to contain copies of the following:

(a) the notice of appeal;

(b) the formal judgment appealed from;

(c) the reasons for judgment, if given in writing;

(d) any pleading;

(e) any affidavit;

(f) any notice of cross-appeal;

(g) the transcript of the proceedings or, if there is no recording, the Master’s notes taken at the hearing.

(10)  If an appellant does not file and deliver the appeal book within the time limited the appeal may be dismissed for want of prosecution.

(11)  If an appellant does not appear on the hearing of an appeal, the appeal may be dismissed.

(12)  If an appeal is dismissed under subrule (11) , the court or a judge may order that the appeal be reinstated and the order dismissing it be vacated on any terms as to costs and otherwise as in the circumstances may be just.

(13)  If a party who has been served with a notice of appeal does not appear on the hearing of the appeal, the court or judge, on proof of service, may make any order on the appeal as in the circumstances may be just.

(14)  An appellant who does not prosecute an appeal is not taken to have abandoned the appeal until that appellant has filed and served a notice of discontinuance.

(15)  On the filing and service of a notice under subrule (14) , the appeal is taken to be dismissed with costs.

(16)  Rules 657(4), 661, 664(2) and (3), 668(1) to (10), 671, 676 and 677 apply to an appeal from a judgment of the Master.