Tasmanian Numbered Acts

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MAGISTRATES COURT (CRIMINAL AND GENERAL DIVISION) ACT 2019 (NO. 43 OF 2019) - SECT 147

Appeals to Full Court from review
(1)  If a party to an application for review is dissatisfied with a ruling or order of the Supreme Court on a point of law or on the admission or rejection of evidence, the party may, subject to this section, appeal to the Full Court of the Supreme Court.
(2)  Despite subsection (1) , the following decisions of the Supreme Court on the hearing of an application for review are not subject to appeal under this section:
(a) a decision as to the sufficiency of the statement of a ground of review;
(b) a decision as to the amendment of, or the refusal to amend, the order being reviewed or a ground of review.
(3)  On the hearing of an appeal under this section, the Full Court of the Supreme Court may –
(a) draw any inference of fact; and
(b) order –
(i) any judgment to be entered that ought to have been given; or
(ii) a new hearing on the terms as to costs or otherwise as it considers just; and
(c) make any other order it considers just and proper to ensure the determination on the merits of the real questions in controversy between the parties.
(4)  An appeal under this section may not succeed merely on the ground of misdirection or improper reception or rejection of evidence unless, in the opinion of the Full Court of the Supreme Court, substantial wrong or miscarriage has been occasioned by that ground in the court below.



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