Appeal rights

Lewis v Sergeant Riley [2017] NSWCA 272

What if 2 Acts provide separate rights of appeal from the same proceedings?  In this case: one to the District Court, one to the Supreme Court.  The answer, said Basten JA (at [5, 21]), is not to assume inconsistency, but instead to try and give each provision an operation consistent with its terms. 

Both avenues of appeal remained open, and there was a need to ‘regulate their independent operation’8.  Express words are usually needed before appeal rights are to be restricted9.  Further, the principle that specifying a particular procedure impliedly negates all others did not apply10iTip – courts are vigilant in protecting access to justice.

This case is fromEpisode 31 of interpretationNOW!


8  cf Nystrom [2006] HCA 50 (at [2,59]), Nash Bros [2016] NSWCA 225.

9  Shin Kobe Maru [1994] HCA 54 (at [29]), quoted.

10  cf Anthony Hordern (1932) 47 CLR 1 (at 7), Pearce & Geddes (at [4.36]).