QLDIn ForceAct
Land Court Act 2000
sec.56Evidence admissible on appeal
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### sec.56 Evidence admissible on appeal
An appeal in the Land Appeal Court must be decided on the evidence on the record of the proceeding in which the decision appealed against was made.
However, the court may admit new evidence if—
the court is satisfied admission of further evidence is necessary to avoid grave injustice; and
the party applying to have further evidence admitted gives the court an adequate reason for the evidence not previously being given; and
application to have further evidence admitted is made before the hearing of the appeal.
(sec.56-ssec.1) An appeal in the Land Appeal Court must be decided on the evidence on the record of the proceeding in which the decision appealed against was made.
(sec.56-ssec.2) However, the court may admit new evidence if— the court is satisfied admission of further evidence is necessary to avoid grave injustice; and the party applying to have further evidence admitted gives the court an adequate reason for the evidence not previously being given; and application to have further evidence admitted is made before the hearing of the appeal.
- (a) the court is satisfied admission of further evidence is necessary to avoid grave injustice; and
- (b) the party applying to have further evidence admitted gives the court an adequate reason for the evidence not previously being given; and
- (c) application to have further evidence admitted is made before the hearing of the appeal.