Document ID: chunk:federal_register_of_legislation:C2024C00819:section:28
Version: federal_register_of_legislation:C2024C00819
Segment Type: section
Provision Reference: s 28
Character Range: 194852–196655

28  Form of judgment on appeal
 (1) Subject to any other Act, the Court may, in the exercise of its appellate jurisdiction:
 (a) affirm, reverse or vary the judgment appealed from;
 (b) give such judgment, or make such order, as, in all the circumstances, it thinks fit, or refuse to make an order;
 (c) set aside the judgment appealed from, in whole or in part, and remit the proceeding to the court from which the appeal was brought for further hearing and determination, subject to such directions as the Court thinks fit;
 (d) set aside a verdict or finding of a jury, and enter judgment notwithstanding any such verdict or finding;
 (f) grant a new trial in any case in which there has been a trial, either with or without a jury, on any ground upon which it is appropriate to grant a new trial; or
 (g) award execution from the Court or, in the case of an appeal from another court, award execution from the Court or remit the cause to that other court, or to a court from which a previous appeal was brought, for the execution of the judgment of the Court.
 (2) It is the duty of a court to which a cause is remitted in accordance with paragraph (g) of subsection (1) to execute the judgment of the Court in the same manner as if it were its own judgment.
 (3) The powers specified in subsection (1) may be exercised by the Court notwithstanding that the notice of appeal asks that part only of the decision may be reversed or varied, and may be exercised in favour of all or any of the respondents or parties, including respondents or parties who have not appealed from or complained of the decision.
 (4) An interlocutory judgment or order from which there has been no appeal does not operate to prevent the Court, upon hearing an appeal, from giving such decision upon the appeal as is just.