Commerce Act 1986

97 Appeal to Court of Appeal in certain cases

• (1) Notwithstanding anything in any enactment, any party to any appeal before the High Court against any determination of the Commission who is dissatisfied with any decision or order of the court may, with the leave of the court or of the Court of Appeal, appeal to the Court of Appeal; and section 66 of the Judicature Act 1908 shall apply to any such appeal.

  (2) In determining whether to grant leave to appeal under this section, the court to which the application for leave is made shall have regard to the following matters:

  • (a) whether any question of law or general principle is involved:

  • (b) the importance of the issues to the parties:

  • (c) the amount of money in issue:

  • (d) such other matters as in the particular circumstances the court thinks fit.

  (3) The court granting leave under this section may in its discretion impose such conditions as it thinks fit, whether as to costs or otherwise.

  (4) [Repealed]

  (5) An appeal to the Court of Appeal under this section may be made against either of the following only on a point of law:

  • (a) a decision or order of the High Court under section 52Z:

  • (b) a decision or order of the High Court on an appeal under section 91(1) or (1B) against a determination of the Commission made under section 52P.

  Section 97(1): amended, on 15 August 1991, by section 3(4) of the Judicature Amendment Act 1991 (1991 No 60).

  Section 97(4): repealed, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).

  Section 97(5): added, on 14 October 2008, by section 21 of the Commerce Amendment Act 2008 (2008 No 70).