This book is only available in PDF format
Published: October 2004 
Pages: 124

Introduction

The High Court decision is disappointing and your client inquires about the availability of an appeal. The merits of any appeal aside, there are three questions you need to ask yourself:

1. Does an appeal lie to the Court of Appeal from the High Court’s decision?
2. If so, is there an appeal as of right, or is leave required?
3. What is the time for appealing or seeking leave?

The starting point is s 66 of the Judicature Act 1908:

66. Court may hear appeals from judgments and orders of the High Court – The Court of Appeal shall have jurisdiction and power to hear and determine appeals from any judgment, decree, or order save as hereinafter mentioned, of the High Court, subject to the provisions of this Act and to such rules and orders for regulating the terms and conditions on which such appeals shall be allowed as may be made pursuant to this Act.

Authors

Author(s): Rt Hon Justice Blanchard, Greg King, Bill Wilson KC, Brendan Brown KC
Published: 18 October, 2004