NSWIn ForceAct
Land and Environment Court Act 1979
57Class 1, 2, 3 and 8 proceedings—appeals
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#### 57 Class 1, 2, 3 and 8 proceedings—appeals
57 Class 1, 2, 3 and 8 proceedings—appeals
> > (1) A party to proceedings in Class 1, 2, 3 or 8 of the Court’s jurisdiction may appeal to the Supreme Court against an order or decision (including an interlocutory order or decision) of the Court on a question of law.
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> > (2) On the hearing of an appeal under subsection (1), the Supreme Court shall—
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> > > (a) remit the matter to the Court for determination by the Court in accordance with the decision of the Supreme Court, or
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> > > (b) make such other order in relation to the appeal as seems fit.
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> > (3) Despite subsection (1), an appeal does not lie to the Supreme Court against an order or decision of the Court that has been made by a Commissioner or Commissioners, other than a decision of the kind referred to in subsection (4)(a) or (b).
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> > (4) Despite subsection (1), an appeal does not lie to the Supreme Court against any of the following orders or decisions of the Court except by leave of the Supreme Court—
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> > > (a) a decision on a question of law determined by a judge pursuant to a reference under section 36(5),
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> > > (b) a decision of a Commissioner or Commissioners made after a judge’s determination referred to in paragraph (a), where the judge’s determination is itself the subject of an appeal to the Supreme Court,
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> > > (c) an order or decision made on an appeal under section 56A,
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> > > (d) an interlocutory order or decision,
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> > > (e) an order made with the consent of the parties,
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> > > (f) an order or decision as to costs.
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> **s 57:** Am 1985 No 63, Sch 1 (5); 1987 No 162, Sch 1 (2); 1998 No 172, Sch 6 \[7\] \[12\]; 2000 No 31, Sch 10 \[1\] \[2\]; 2002 No 99, Sch 3.5 \[1\]; 2008 No 107, Sch 14 \[13\].