Section 128 — District Court Act 2016: Powers of High Court on appeal

128 Powers of High Court on appeal (1) The High Court may, after hearing an appeal,— (a) make any decision it thinks should have been made: (b) direct the District Court— (i) to rehear the proceeding; or (ii) to consider or determine, whether for the first time or again, any matters the High Court directs; or (iii) to enter judgment for a specified party to the proceeding: (c) make any further or other orders the High Court thinks fit: (d) make an order as to costs. (2) The High Court must state its reasons for giving a direction under subsection (1)(b). (3) The High Court may give the District Court any direction it thinks fit relating to— (a) rehearing the proceeding; or (b) considering and determining any particular matter. (4) The High Court may act under subsection (1) in respect of the whole decision even if the appeal is against only part of it. (5) Even if an interlocutory decision made in a proceeding has not been appealed against, the High Court may— (a) act under subsection (1); and (b) set the interlocutory decision aside; and (c) if it sets the interlocutory decision aside, make in its place any interlocutory decision or decisions the District Court could have made. (6) The powers under this section may be exercised in favour of a respondent or party to the proceeding even if the respondent or party did not appeal against the decision. Compare: 1947 No 16 s 76