Victorian Current Acts

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Determination of appeal

    (1)     An appeal against an interlocutory decision is to be determined on the evidence, if any, given in the proceeding to which the appeal relates, unless the Court of Appeal gives leave to adduce additional evidence.

    (2)     On an appeal under section 295, the Court of Appeal—

        (a)     may affirm or set aside the interlocutory decision; and

        (b)     if it sets aside the interlocutory decision—

              (i)     may make any other decision that the Court of Appeal considers ought to have been made; or

              (ii)     remit the matter to the court which made the interlocutory decision for determination.

    (3)     If the Court of Appeal remits a matter under subsection (2)(b)(ii)—

        (a)     it may give directions concerning the basis on which the matter is to be determined; and

        (b)     the court to which the matter is remitted must hear and determine the matter in accordance with the directions, if any.

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