42Persons by whom appeals may be instituted

42 Persons by whom appeals may be instituted

[Section 42 Amended by S.R. 1977, No. 150 ]

(1)  Subject to the provisions of this Act, an appeal from any such judgment, order, or other determination as is mentioned in section 40 or section 41 may be instituted –

(a) without the leave of a Full Court or the judge who gave or made the judgment, order, or other determination, by –

(i) any party to the cause or matter;

(ii) any person who has been ordered to be bound by such judgment, order, or determination;

(iii) any person who has been served with notice of the judgment, order, or determination pursuant to any order or direction made or given by the Court or a judge under the Rules of Court ; or

(iv) any person who would have been entitled without leave to appeal from the judgment, order, or determination if this Act had not passed;

(b) with the leave of a Full Court, by any person who is not entitled to appeal under paragraph (a) , but who is aggrieved or whose interests are affected by the judgment, order, or determination.

(2)  A Full Court may grant leave to any person to appeal under paragraph (b) of subsection (1) notwithstanding that such person could not have been made a party to the cause or matter in which the judgment, order, or other determination to be appealed from was given or made.