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Uniform Civil Procedure Rules 2005
Current version for 9 April 2020 to date (accessed 8 July 2020 at 02:15)
Division 2 Appeals
50.3 Time for appeal
(cf SCR Part 51A, rule 3)
(1) A summons commencing an appeal must be filed—(a) within 28 days after the material date, or(b) if the appeal relates to the decision of a judicial officer, within such further time as the judicial officer may allow so long as the application for such further time is filed within 28 days after the material date, or(c) within such further time as the higher court may allow.(2) An application for an extension of time under subrule (1)(c) must be included in the summons commencing the appeal.Note.The provisions of this Part, like the other provisions of these rules, are subject to any Act that makes provision to the contrary. For example, section 24 of the Companion Animals Act 1998 provides that an appeal to the District Court against an order disqualifying a person from owning a dog may only be made within 28 days after the date on which the order is made.
50.4 Statement of ground
(1) The summons commencing an appeal must be in the approved form and must contain a statement as to—(a) whether the appeal relates to the whole or part only, and what part, of the decision of the court below, and(b) what decision the plaintiff seeks in place of the decision of the court below.(2) The summons must also contain a statement setting out briefly but specifically the grounds relied on in support of the appeal including, in particular, any grounds on which it is contended that there is an error of law in the decision of the court below.(3) This rule does not apply to proceedings that are entered in the Commercial List in the Supreme Court.
(cf SCR Part 51A, rule 6)
(1) Each person who is directly affected by the relief sought in the appeal or is interested in maintaining the decision under appeal must be joined as a defendant.(2) If the court below is a person or body that is not a court, the person or body must be joined as a defendant.(2A) Subrule (2) does not apply to the extent to which a provision of these rules, or of any other Act or law, provides to the contrary.(3) The court may order the addition or removal of any person as a party to an appeal.(4) A person must not be made a plaintiff in the appeal without his or her consent.
50.6 Filing with court below
(cf SCR Part 51A, rule 7)
If the court below is a court, the plaintiff must, on the date of instituting the appeal, file a copy of the summons commencing the appeal in the registry or office of that court.
(cf SCR Part 51A, rule 8)
An appeal to the court—(a) does not operate as a stay of proceedings under the decision of the court below, andexcept so far as the court (or, subject to any direction of the court, the court below) may direct.(b) does not invalidate any intermediate act or proceedings,
50.8 Security for costs
(cf SCR Part 51A, rule 9)
(1) In special circumstances, the court may order that such security as the court thinks fit be given of the costs of an appeal to the court.(2) Subject to subrule (1), no security for the costs of an appeal to the court is to be required.(2A) If an appellant or cross-appellant fails to comply with an order under this rule, the court may order that the appellant’s appeal or cross-appellant’s cross-appeal be dismissed.(3) Subrules (1), (2) and (2A) do not affect the powers of the court under rule 42.21 (which relates to security for costs).
50.9 Date of hearing of appeal
(cf SCR Part 14, rule 3, Part 51A, rule 10)
(1) Unless the court orders otherwise, an appeal must not be heard before 21 days after service of the summons commencing the appeal.(2) This rule does not apply to proceedings that are entered in the Commercial List in the Supreme Court.