DR Appeal Grounds

Question 1

Why must a party seek permission for an appeal?

Answer 1

There is NO automatic right of appeal
- General rule is that permission from the court is required to appeal

Question 2

What are the grounds of appeal?

Answer 2

The court will allow an appeal where it is satisfied that the court was either:

• Wrong - error in law, fact, or exercise of discretion

OR

• Unjust - must be serious and caused the lower court’s decision to be unjust, or other irregularity

Question 3

Permission for Appeal - 1st Time Appeal

Answer 3

Permission is ONLY granted for the first time where the court is satisfied that:

1. The appeal would have REAL PROSPECT of success

OR…

2. There is some other compelling reason why the appeal should be heard

Question 4

Permission for Appeal - 2nd Time

Answer 4

The Court will NOT give permission for a second appeal unless it consider that…

1. The appeal would have a real prospect of success AND raise an important point of principle or practice

OR…

2. There is some other compelling reason for the CA to hear it