680AAppeal from Associate Judge

### 680A Appeal from Associate Judge > [*\[Rule 680A of Part 27 Inserted by S.R. 2005, No. 100, Applied:31 Aug 2005\]*](/view/html/inforce/2005-08-31/sr-2005-100#GS8@EN) > > > (1)  [*\[Rule 680A Subrule (1) substituted by S.R. 2012, No. 91, Applied:01 Dec 2012\]*](/view/html/inforce/2012-12-01/sr-2012-091#GS11@Hpa@EN) In this rule – > > > > > ***final judgment*** includes any judgment other than a decision on a matter of procedure – > > > > > > > > (a) that disposes of an application to extend or waive a time limit on the start of proceedings that is imposed by statute; or > > > > > > > > > (b) that disposes of an application to extend or waive a time limit on the continuation of proceedings that is imposed by statute; or > > > > > > > > > (c) that disposes of an application to set aside a judgment; or > > > > > > > > > (d) that disposes of an application to dismiss proceedings for want of a prosecution; or > > > > > > > > > (e) by which the rights of the parties are finally concluded in respect of any matter in question in a proceeding; > > > > > ***interlocutory judgment*** is any judgment other than a final judgment; > > > > > ***judgment*** includes any decision, order or other determination. > > > (2)  [*\[Rule 680A Subrule (2) amended by S.R. 2008, No. 2, Applied:01 Mar 2008\]*](/view/html/inforce/2008-03-01/sr-2008-002#GS9@Hpa@EN) [*\[Rule 680A Subrule (2) substituted by S.R. 2012, No. 91, Applied:01 Dec 2012\]*](/view/html/inforce/2012-12-01/sr-2012-091#GS11@Hpa@EN) A person affected by a judgment of the Associate Judge may appeal against the whole or any part of the judgment by a notice of appeal to – > > > > > > (a) the Full Court, if the judgment was a final judgment; or > > > > > > > (b) a judge sitting in chambers, if the judgment was an interlocutory judgment and was given in chambers; or > > > > > > > (c) a judge sitting in court, if the judgment was an interlocutory judgment and was given in court. > > > (3)  An appeal is to be instituted – > > > > > > (a) in the case of an appeal from a final judgment, within 21 days after the judgment was pronounced; or > > > > > > > (b) in the case of an appeal from a judgment that is not a final judgment, within 10 days after the judgment was pronounced; or > > > > > > > (c) in the case of the refusal of an application, within 10 days after the refusal. > > > (3A)  [*\[Rule 680A Subrule (3A) inserted by S.R. 2012, No. 91, Applied:01 Dec 2012\]*](/view/html/inforce/2012-12-01/sr-2012-091#GS11@Hpb@EN) [Rules 656](#GS656@EN) , [657](#GS657@EN) , [658](#GS658@EN) and rules [660](#GS660@EN) to [678](#GS678@EN) apply to an appeal from a final judgment and [subrules (4)](#GS680A@Gs4@EN) to [(15)](#GS680A@Gs15@EN) only apply to an appeal from an interlocutory judgment. > > > (4)  An appeal is to be instituted by – > > > > > > (a) filing an original notice of appeal; and > > > > > > > (b) serving a copy of the notice of appeal on each party directly affected by it. > > > (5)  If an appeal is brought from a judgment given in a proceeding in a District Registry, the notice of appeal is to be filed in the District Registry. > > > (6)  A respondent seeking to appeal from the whole or a part of the judgment from which the appellant has appealed is to, within 14 days after the service of the notice of appeal – > > > > > > (a) file an original notice of cross-appeal; and > > > > > > > (b) deliver a copy of the notice of cross-appeal to the appellant and any other party directly affected by it. > > > (7)  Within 42 days after the expiration of the time limited for the institution of an appeal, an appellant is to – > > > > > > (a) file an appeal book together with one copy; and > > > > > > > (b) deliver a copy of the appeal book to each respondent. > > > (8)  A judge may refer an appeal, or any point or question arising in an appeal, for determination by the Full Court, and upon such a referral the appellant is to file 2 additional copies of the appeal book. > > > (9)  Unless otherwise ordered, an appeal book is to contain copies of the following: > > > > > > (a) the notice of appeal; > > > > > > > (b) the formal judgment appealed from; > > > > > > > (c) the reasons for judgment, if given in writing; > > > > > > > (d) any pleading; > > > > > > > (e) any affidavit; > > > > > > > (f) any notice of cross-appeal; > > > > > > > (g) [*\[Rule 680A Subrule (9) amended by S.R. 2008, No. 2, Applied:01 Mar 2008\]*](/view/html/inforce/2008-03-01/sr-2008-002#GS9@Hpb@EN) the transcript of the proceedings or, if there is no recording, the Associate Judge's notes taken at the hearing. > > > (10)  If an appellant does not file and deliver the appeal book within the time limited the appeal may be dismissed for want of prosecution. > > > (11)  If an appellant does not appear on the hearing of an appeal, the appeal may be dismissed. > > > (12)  If an appeal is dismissed under [subrule (11)](#GS680A@Gs11@EN) , the court or a judge may order that the appeal be reinstated and the order dismissing it be vacated on any terms as to costs and otherwise as in the circumstances may be just. > > > (13)  If a party who has been served with a notice of appeal does not appear on the hearing of the appeal, the court or judge, on proof of service, may make any order on the appeal as in the circumstances may be just. > > > (14)  An appellant who does not prosecute an appeal is not taken to have abandoned the appeal until that appellant has filed and served a notice of discontinuance. > > > (15)  On the filing and service of a notice under [subrule (14)](#GS680A@Gs14@EN) , the appeal is taken to be dismissed with costs. > > > (16)  [*\[Rule 680A Subrule (16) amended by S.R. 2008, No. 2, Applied:01 Mar 2008\]*](/view/html/inforce/2008-03-01/sr-2008-002#GS9@Hpc@EN) Rules 657(4), 661, 664(2) and (3), 668(1) to (10), 671, 676 and 677 apply to an appeal from a judgment of the Associate Judge.