Western Australian Current Acts

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56 .         Dealing with appeals

        (1)         On an appeal under section 55 against an assessor’s decision, the District Court must decide the application to which the decision relates afresh, without being fettered by the assessor’s decision, solely on the evidence and information that was in the possession of the assessor or may receive further evidence and information.

        (2)         On an appeal under section 55 the District Court may do any or all of the following —

            (a)         exercise any power of an assessor under this Act, other than a power under section 19(1)(b), 24(1) or 25;

            (b)         confirm, vary or reverse the assessor’s decision, either in whole or in part;

            (c)         make any order that an assessor could make under this Act;

            (d)         order an unsuccessful party to the appeal to pay a successful party’s costs as set by the Court in accordance with the scale of costs prescribed by the regulations;

            (e)         refer a question of law that arises in the appeal to the Court of Appeal for determination;

            (f)         make any necessary consequential order.

        [Section 56 amended: No. 45 of 2004 s. 37; No. 5 of 2008 s. 32.]

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