123Appeals to Full Court

### 123 Appeals to Full Court > > (1)  If a party to a motion to review, an appeal, or a case stated is dissatisfied with a rule or order of the Supreme Court in point of law or upon the admission or rejection of evidence he may, subject to this section, appeal from that rule or order to the Full Court. > > > (2)  The decisions of the Supreme Court on the hearing of an appeal as to – > > > > > > (a) the sufficiency of the statement of a ground of appeal; or > > > > > > > (b) the amending or refusing to amend an order appealed against or a ground of appeal – > > > > are not subject to appeal under this section. > > > (3)  On the hearing of an appeal under this section the Full Court may – > > > > > > (a) draw any inference of fact; > > > > > > > (b) order – > > > > > > > > > > (i) any judgment to be entered that ought to have been given; or > > > > > > > > > > > (ii) a hearing *de novo* on such terms as to costs or otherwise as it thinks just; and > > > > > > > (c) make such other orders as it thinks 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 shall not succeed on the ground merely of misdirection or improper reception or rejection of evidence, unless in the opinion of the Full Court substantial wrong or miscarriage has been thereby occasioned in the court below.