Western Australian Repealed Acts Western Australian Repealed ActsThis legislation has been repealed.
(1) Subject to any
other Act, an appeal lies to the Court of Appeal, by leave as provided in this
section, from a decision under section 199, 205 or 206C of the Court
constituted by one Judge.
(2) An application for
leave to appeal may be made by —
(a) a
party to an appeal; or
(b) the
Attorney General.
(3) An application for
leave to appeal must be made to the Court of Appeal constituted by a single
judge of appeal.
(3a) If a single judge
of appeal refuses an application for leave to appeal, the applicant may apply
to the Court of Appeal to set aside the refusal and determine the application
afresh.
(4) Subject to this
section, the provisions of this Part (other than section 186) and the relevant
rules of court apply, with all necessary changes, to —
(a) an
application for, and an order granting, leave under this section;
(b)
proceedings relating to the application and the appeal;
(c) the
discontinuance, failure to prosecute, or re-instatement of the appeal;
(d) the
disposition of the appeal; and
(e) the
consequences thereof,
as if they were
respectively —
(f) the
commencement of an appeal under section 185;
(g)
proceedings relating to such an appeal;
(h) the
discontinuance, failure to prosecute or re-instatement of such an appeal;
(i)
the disposition of such an appeal; and
(j) the
consequences thereof.
(5) Without limiting
subsection (4), the powers in section 193(1) may be exercised at any time
after an application for leave to appeal is made under this section.
(6) In subsection (2)
"party to an appeal" includes, where an application has been made under
section 206C to extend or shorten the time allowed under rules of court for
filing an appeal under this Part, a person who is aggrieved by a decision on
that application.
[Section 206A inserted by No. 33 of 1989 s. 16;
amended by No. 45 of 2004 s. 36(4) and (5); No. 59 of 2004 s. 47.]
[Heading inserted by No. 59 of 2004 s. 51(4).]