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My understanding of this is that the High Court decision is...

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mohawk13

291 Posts.

01/10/14

16:51

Post #: 14059133
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Originally posted by Jackpot ↑

Going by the summary of the Courts System Information , not sure how they can appeal and with what reason ?

Clearly states "The decision of the High Court is final."

Maybe someone can clarify ?

COURT OF APPEAL
· Has jurisdiction to hear civil appeals as of right:
· from any decision of the High Court sitting in the first instance, including decisions of Judges sitting in

chambers;
· from any decision of the High Court under the provisions of the Islanders' Divorce Act;
· on a question of law only, from any decision of the High Court exercising appellate jurisdiction, provided that further appeal to the Court of Appeal is not prohibited by statute.
· Has jurisdiction to hear civil appeals from the High Court with leave:
· where an order was made by consent or is as to costs only;
· where the order or judgment is interlocutory, except in a case:
a) where the liberty of the subject or custody of infants is concerned;
b) where an injunction or appointment of a receiver is granted or refused;
c) where the decision determines the claim of any creditor or liability of a contributor of other officer under the Companies Act; or;
d) where a decree nisi in a matrimonial cause or a judgment or order in an Admiralty action is involved.

· No appeal lies from:
· a decision allowing an extension of time in which to appeal;
· an order giving unconditional leave to defend an action;
· a decision of the High Court which is provided by statute to be final, for example on appeal from the Customary Land Appeal Court; and

· from an order absolute for the dissolution or nullity of marriage, where the opportunity to appeal against the decree nisi has not been taken.
· A person convicted on trial before the High Court may appeal to the Court:
· as of right, against conviction on any ground involving only a question of law;
· with leave of the Court of Appeal;
· with the leave of the Court of Appeal against sentence unless it is one that is fixed by law.
· Has jurisdiction to hear 'further' criminal appeals which may be lodged by 'any party' on any ground involving only a question of law but excluding severity of sentence.

HIGH COURT
· Has unlimited original civil and criminal jurisdiction.

· Appeals lie to the High Court as of right from all civil judgments, orders and decisions of any magistrates' court except where it is made by consent, ex parte or relates to costs only. In those cases special leave of the Magistrates' court, or of the High Court is required.

· Hears appeals from the Customary Land Appeal Court on questions of law, other than customary law, or where failure to comply with a procedural requirement is alleged. The decision of the High Court is final.

· Has a criminal appellate jurisdiction which is defined in part IX of the Criminal Procedure Code. Appeals lie as of right. There is also an appeal by way of case stated.

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My understanding of this is that the High Court decision is final only when it

"Hears appeals from the Customary Land Appeal Court on questions of law, other than customary law, or where failure to comply with a procedural requirement is alleged."

That wasn't AVQs situation.

AVQ Price at posting: 1.6¢ Sentiment: Hold Disclosure: Held
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