New South Wales Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 50.2

50.2 Definitions

(cf SCR Part 51A, rule 2)

(1) In this Part--

"court below" , in relation to an appeal, means the court in which, or the person or body by whom, the decision to which the appeal relates was made.

"decision" includes a judgment, order, opinion, direction or determination.

"higher court" , in relation to an appeal, means the court to which the appeal is made.

"material date" , in relation to an appeal, means--

(a) if the appeal is from the decision of a court, the date on which the decision is pronounced or given, and

(b) if the appeal is from any other person or body, the date on which notice of the decision was given, by or on behalf of the person or body who made the decision, to the person who wishes to appeal.

Note : See the definition of
"court" in section 3(1) of the Civil Procedure Act 2005 .

(2) For the avoidance of doubt, it is declared that, for the purposes of this Part--

(a) a Commissioner of the Land and Environment Court, when exercising the functions of that Court under the Land and Environment Court Act 1979 , is taken to be the
"court below" , and

(b) the Land and Environment Court, when hearing an appeal under section 56A of the Land and Environment Court Act 1979 against a decision made by a Commissioner of that Court in the exercise of those functions, is taken to be the
"higher court" .