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Uniform Civil Procedure Rules 2005
Current version for 9 April 2020 to date (accessed 5 August 2020 at 01:29)
51.52 Powers of Court on appeal not limited by certain procedural matters
(cf SCR Part 51, rule 22)
(1) The Court may exercise its powers under the Civil Procedure Act 2005, the Supreme Court Act 1970 and these rules even if—(a) there is no appeal from some part of the decision below, or(b) a party to the proceedings below has not appealed, or(c) a ground for allowing or dismissing the appeal or varying the decision is not included in any notice of appeal, notice of cross-appeal or notice of contention, or(d) there has been no appeal from some other decision in the proceedings.(2) If a person was not a party to the proceedings in which the decision below was given, but is served with a notice of appeal pursuant to a direction of the Court, the Court may give such decision as might have been given in the court below if the person served had been a party below.(3) The Court may, on terms, make any order to ensure the determination on the merits of the real question in controversy.(4) The Court may make any order that it might make on an application for a new trial or for the setting aside of a verdict or judgment.(5) This rule applies subject to any Act.