Guide to appealing your case in commercial matters

Every court is different when it comes to appealing a decision. It is important to be aware of the different requirements if you are considering appealing a decision as well as the consequences that may result from the appeal.

On what basis can I appeal?

In most cases, the only basis to appeal a decision of a Court is:

• An error in the law; or
• There was a finding of fact on an important issue which could not be supported on the evidence.

Does the Court of Appeal hear from witnesses?

No – in most cases an appeal is not a re-hearing of your case and there will be no witnesses or new material.

Is there a time limit?

Yes – if you receive an adverse judgment you should immediately seek legal advice as to how long you have to appeal. Each Court is different.