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In forceAmended2020 Revised Edition

Part 4 · Appellate Division of High Court

47. Permission required to appeal

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Amended

Last amended by an amending law of 2021. 2 amendments in all.

(1)

An appeal against a decision of the Appellate Division made in the exercise of its appellate civil jurisdiction may only be brought with the permission of the Court of Appeal.

(2)

The Court of Appeal may grant permission under subsection (1) only if the appeal will raise a point of law of public importance.

(3)

In deciding whether to grant permission under subsection (1) or in determining, for the purposes of subsection (2), whether an appeal will raise a point of law of public importance, the Court of Appeal is to have regard to matters prescribed by the Rules of Court.

(4)

To avoid doubt —

(a)

the Court of Appeal is not required to grant permission under subsection (1) even if the appeal will raise a point of law of public importance; and

(b)

permission may be granted under subsection (1) even if the decision of the Appellate Division sought to be appealed against —

(i)

was made in an appeal transferred by the Court of Appeal to the Appellate Division under section 29E(1); or

(ii)

was made in an appeal to the Appellate Division that the Court of Appeal declined to transfer to itself under section 29D(1).

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