New Theme Pty Ltd v Victorian Casino and Gaming Authority [2002] VSCA 80

New Theme Pty Ltd v Victorian Casino and Gaming Authority [2002] VSCA 80 - VSCA 2002 case summary — Zoe

[10]

"(1) Any party to a civil proceeding who is dissatisfied with any judgment or order of the court may appeal from the same to the Court of Appeal, notwithstanding that the civil proceeding may have been brought in the County Court by consent as provided by this Act. (2) An appeal by a party referred to in sub-section (1) - (a) unless paragraph (b) applies, must be brought by notice served within 14 days after the day of the judgment or order of the court on all parties to the proceedings; (b) if the appeal is from a judgment or order refusing an application made without notice to a person, must be brought by notice filed in the Court of Appeal within 14 days after the judgment or order. (2A) The Court of Appeal may extend the time within which an appeal may be brought, whether or not the time has expired and whether or not an application for extension of time has been made. (2B) A notice of appeal - (a) must state whether the whole or part only and which part of the judgment or order the appellant is dissatisfied with; and (b) must state specifically and concisely the grounds of complaint and the judgment or order sought in place of that from which the appeal is brought. (2C) A notice of appeal may be amended at any time as the Court of Appeal thinks fit. (2D) An appeal does not lie to the Court of Appeal from a judgment or order of the court in an interlocutory application, being a judgment or order made on or after the commencement of section 32 of the Constitution (Court of Appeal) Act 1994, except with the leave of the Court of Appeal. (3) The Court of Appeal shall decide the matter of such appeal and shall have power to draw any inference of fact and shall on the hearing of such appeal make such order as is just, and may either dismiss such appeal or reverse or vary the judgment or order appealed from, and may direct the civil proceeding to be reheard before the Trial Division of the Supreme Court or the County Court, but shall not in any case unless the Court of Appeal otherwise specially directs remit the proceeding for rehearing before the court constituted by the judge before whom the same was originally heard, and may make such order with respect to the costs of the said appeal and of the proceeding in which the judgment or order has been given or made, as such court may think proper and such orders shall be final. (4) No such appeal shall operate as a stay of proceedings unless the County Court so orders, or unless within fourteen days after the judgment or order appealed from a deposit is made of or security given to the satisfaction of the court for a sum to be fixed by the court not exceeding the amount of the money or the value of the property affected by the said judgment or order. (5) The rules for the time being in force with respect to ordering security for the costs of appeals from the Trial Division of the Supreme Court to the Court of Appeal shall, so far as practicable, apply to and govern appeals from the County Court. (6) Nothing herein contained shall authorize any party to appeal against any decision of the court given upon any question as to the value of any real or personal property for the purpose of determining the question of the jurisdiction of the court under this Act nor to appeal against the decision of the court on the ground that the proceedings might or should have been taken at any other place of sitting of the County Court. (7) No appeal shall lie from any judgment or order of the court, if before it is pronounced the parties agree, in writing signed by themselves or their practitioners, that it shall be final. "

At a glance

Court

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Before

Source

Judgment (160 paragraphs)

Parties