Appeal a court decision to the Court of Appeal or Supreme Court

What you need

• Notice of appeal
• Record of appeal: memorandum of appeal, pleadings, the trial court proceedings, the judgment or ruling, a certified decree or order, and the notice of appeal

Steps

1. Within 14 days of the decision, file a notice of appeal with the Court of Appeal through the Judiciary e-filing portal. The registry assesses the fee by the type of appeal.
2. Serve the notice of appeal on the other side within 7 days of lodging it.
3. Ask the court that decided the case for its proceedings, then file the full record of appeal within 60 days of the notice.
4. Wait for a case management notice and a hearing date. Appeals are heard first in, first out.

Who can apply

• Any party to the case who is unhappy with the decision. You can file in person or through an advocate.
• The Court of Appeal hears appeals from the High Court, the Employment and Labour Relations Court, the Environment and Land Court and some tribunals.
• Appeals from a magistrate's court go to the High Court registry for that type of case, not to the Court of Appeal.
• Supreme Court: as of right if the case is about interpreting or applying the Constitution; otherwise only if certified as a matter of general public importance.