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Supreme Court Civil Procedure Act 1932 (No. 58 of 1932)
Requested:  24 Oct 2014
Consolidated as at:  21 Feb 2012

42. Persons by whom appeals may be instituted

      (1) Subject to the provisions of this Act, an appeal from any such judgment, order, or other determination as is mentioned in section 40 or section 41 may be instituted –

(a) without the leave of a Full Court or the judge who gave or made the judgment, order, or other determination, by –

(i) any party to the cause or matter;

(ii) any person who has been ordered to be bound by such judgment, order, or determination;

(iii) any person who has been served with notice of the judgment, order, or determination pursuant to any order or direction made or given by the Court or a judge under the Rules of Court; or

(iv) any person who would have been entitled without leave to appeal from the judgment, order, or determination if this Act had not passed;

(b) with the leave of a Full Court, by any person who is not entitled to appeal under paragraph (a), but who is aggrieved or whose interests are affected by the judgment, order, or determination.

      (2) A Full Court may grant leave to any person to appeal under paragraph (b) of subsection (1) notwithstanding that such person could not have been made a party to the cause or matter in which the judgment, order, or other determination to be appealed from was given or made.


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