Rule 242

Decision of the Court of Appeal

Rules of Procedure

Part 4 – Procedures before the court of appeal

Chapter 4 – Decisions and effect of decisions

Rule 242 – Decision of the Court of Appeal
  1. The Court of Appeal shall either reject the appeal or set the decision or order aside totally or in part substituting its own decision or order, including an order for costs both in respect of the proceedings at first instance and on appeal.
  2. The Court of Appeal may:
    1. exercise any power within the competence of the Court of First Instance;
    2. in exceptional circumstances refer the action back to the Court of First Instance for decision or for retrial [Rule 243]. It shall not normally be an exceptional circumstance justifying a referral back that the Court of First Instance failed to decide an issue which it is necessary for the Court of Appeal to decide on appeal.

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Relation with Agreement:

Article 75 – Decision on appeal and referral back

Relation with Statute:

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