Land and Environment Court Act 1979 No 204
Historical version for 7 April 2009 to 30 April 2009 (accessed 22 December 2014 at 07:08) Current version
Part 5

Part 5 Appeals from the Court

Division 1 General

56   Nature of decision of the Court

Except as provided:
(a)  by Division 2, in relation to proceedings in Class 1, 2, 3, 4 or 8 of the Court’s jurisdiction, or
(b)  by the Criminal Appeal Act 1912, in relation to proceedings in Class 5, 6 or 7 of the Court’s jurisdiction,
a decision of the Court shall be final and conclusive.

Division 2 Class 1–4 proceedings

56A   Class 1, 2, 3 and 8 proceedings—appeals to the Court against decisions of Commissioners

(1)  A party to proceedings in Class 1, 2, 3 or 8 of the Court’s jurisdiction may appeal to the Court against an order or a decision of the Court on a question of law, being an order or a decision made by a Commissioner or Commissioners.
(2)  On the hearing of an appeal under subsection (1), the Court shall:
(a)  remit the matter to the Commissioner or Commissioners for determination by the Commissioner or Commissioners in accordance with the decision of the Court, or
(b)  make such other order in relation to the appeal as seems fit.
(3)  Notwithstanding subsection (1), an appeal shall not lie to the Court under that subsection in respect of a question of law that has been referred to, and determined by, a Judge pursuant to section 36.

57   Class 1, 2, 3 and 8 proceedings—appeals

(1)  A party to proceedings in Class 1, 2, 3 or 8 of the Court’s jurisdiction may appeal to the Supreme Court against an order or decision (including an interlocutory order or decision) of the Court on a question of law.
(2)  On the hearing of an appeal under subsection (1), the Supreme Court shall:
(a)  remit the matter to the Court for determination by the Court in accordance with the decision of the Supreme Court, or
(b)  make such other order in relation to the appeal as seems fit.
(3)  Despite subsection (1), an appeal does not lie to the Supreme Court against an order or decision of the Court that has been made by a Commissioner or Commissioners, other than a decision of the kind referred to in subsection (4) (a) or (b).
(4)  Despite subsection (1), an appeal does not lie to the Supreme Court against any of the following orders or decisions of the Court except by leave of the Supreme Court:
(a)  a decision on a question of law determined by a judge pursuant to a reference under section 36 (5),
(b)  a decision of a Commissioner or Commissioners made after a judge’s determination referred to in paragraph (a), where the judge’s determination is itself the subject of an appeal to the Supreme Court,
(c)  an order or decision made on an appeal under section 56A,
(d)  an interlocutory order or decision,
(e)  an order made with the consent of the parties,
(f)  an order or decision as to costs.

58   Class 4 proceedings—appeals

(1)  Where a party to proceedings in Class 4 of the Court’s jurisdiction is dissatisfied with an order or decision (including an interlocutory order or decision) of the Court, the party may appeal to the Supreme Court against the order or decision.
(2)  On the hearing of an appeal under subsection (1), the Supreme Court shall:
(a)  make an order reversing, affirming or amending the order or decision appealed against,
(b)  remit the matter to the Court for determination by the Court in accordance with the decision of the Supreme Court,
(c)  make an order directing a rehearing of the proceedings in respect of which the order or decision appealed against was made, or
(d)  make such other order in relation to the appeal as seems fit.
(3)  Despite subsection (1), an appeal does not lie to the Supreme Court against any of the following orders or decisions of the Court except by leave of the Supreme Court:
(a)  an interlocutory order or decision,
(b)  an order made with the consent of the parties,
(c)  an order or decision as to costs.
(4)  The amendment made to this section by the Courts Legislation Further Amendment Act 1995 does not operate to require leave to appeal against an order or decision of the Court if, when the order or decision was made, an appeal lay as of right.

59   Suspension of operation of order etc

(1)  Where an appeal is made to the Supreme Court under this Division, either the Court or the Supreme Court may suspend the operation of any relevant order or decision until the Supreme Court makes its decision.
(2)  Where an appeal is made to the Court under this Division, the Court may suspend the operation of any relevant order or decision until the Court makes its decision.

60   Termination of suspension

(1)  Where, under section 59 (1), the Court has suspended the operation of an order or decision, the Court or Supreme Court may terminate the suspension and, where the Supreme Court has suspended the operation of any such order or decision, the Supreme Court may terminate the suspension.
(2)  Where, under section 59 (2), the Court has suspended the operation of an order or a decision, the Court may terminate the suspension.

61   Manner in which appeals to the Court to be made

(1)  (Repealed)
(2)  An appeal to the Court under this Division shall be made in such manner, and be subject to such conditions, as are prescribed by the rules.
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