45Appeals from judgments given in exercise of discretionary jurisdiction

### 45 Appeals from judgments given in exercise of discretionary jurisdiction > > (1)  A Full Court, on the hearing of any appeal from any judgment, order, or other determination (whether final or otherwise) of a judge, shall not reverse or vary any adjudication of the judge which is, or purports to be, only the exercise of a discretion which the judge was entitled by law to exercise, unless it appears to the Full Court that – > > > > > > (a) the judge has, in fact, declined or failed to exercise the discretion; > > > > > > > (b) the judge has proceeded on a wrong principle or otherwise contrary to law, or on irrelevant or insufficient materials, or has misapprehended the facts or has failed to consider any material fact; > > > > > > > (c) the adjudication is founded wholly or in part on an erroneous finding of fact or an erroneous determination in point of law; or > > > > > > > (d) by reason of further evidence received by the Full Court in exercise of the powers conferred by [section 48](#GS48@EN) , or some special circumstance, the adjudication should be reversed or varied. > > > (2)  Nothing in this section contained shall limit or restrict the powers of a Full Court on the hearing of an appeal from a judgment or order of a judge decreeing or ordering or refusing to decree or order the specific performance of any contract, or granting or refusing any injunction or order for an injunction, or appointing or refusing to appoint a receiver, or granting or refusing any other equitable remedy or relief the granting of which is discretionary. > > > (3)  Nothing in this section contained shall in any manner affect the provisions of [section 44](#GS44@EN) .