AGY-1051 | Court of Appeals

Full description

The Court of Appeals of the Colony of New South Wales was established by the New South Wales Act, Act 4 Geo. IV c.96 (1823). The Court consisted of the Governor (or Acting Governor) who heard appeals from decisions of the Supreme Courts of New South Wales and Van Diemen's Land. In hearing appeals from the Supreme Court of Van Diemen's Land the Governor (or Acting Governor) was to be assisted by the Chief Justice of New South Wales. The decisions of the Supreme Courts included all Judgements, Decrees, Orders and Sentences, which could be affirmed, altered or reversed by the Court of Appeals. However, where an appeal was taken from the verdict of a jury of twelve, the jurisdiction of the Court of Appeals only extended to an error of law apparent upon the record. Supreme Court judgements above the value of £500 where appealable as a matter of right by any party involved (s.13). Where the stake was less than £500 the Supreme Court could permit an appeal where matters of peculiar importance occurred (s. 14).

The New South Wales Act permitted an appeal to the Privy Council from the Court of Appeals where matters involving more than £2,000 were at stake.

The Court of Appeals was abolished by The Australian Courts Act, Act 9 Geo. IV c.83 (1828)