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Uniform Civil Procedure Rules 1999
sec.765Nature of appeal and application for new trial
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### sec.765 Nature of appeal and application for new trial
An appeal to the Court of Appeal under this chapter is an appeal by way of rehearing.
However, an appeal from a decision, other than a final decision in a proceeding, or about the amount of damages or compensation awarded by a court is brought by way of an appeal.
An application for a new trial is brought by way of an appeal.
Despite subrules (2) and (3) but subject to the Act authorising the appeal, the Court of Appeal may hear an appeal from a decision mentioned in subrule (2) or an application for a new trial by way of rehearing if the Court of Appeal is satisfied it is in the interests of justice to proceed by way of rehearing.
(sec.765-ssec.1) An appeal to the Court of Appeal under this chapter is an appeal by way of rehearing.
(sec.765-ssec.2) However, an appeal from a decision, other than a final decision in a proceeding, or about the amount of damages or compensation awarded by a court is brought by way of an appeal.
(sec.765-ssec.3) An application for a new trial is brought by way of an appeal.
(sec.765-ssec.4) Despite subrules (2) and (3) but subject to the Act authorising the appeal, the Court of Appeal may hear an appeal from a decision mentioned in subrule (2) or an application for a new trial by way of rehearing if the Court of Appeal is satisfied it is in the interests of justice to proceed by way of rehearing.