Where an error is found the usual practice is to remit the case back to the Environment Court for further consideration.Ī decision of the High Court on a point of law is able, with leave, to be appealed to the Court of Appeal, and with further leave, to the Supreme Court. The High Court is vigilant to guard against appeals of fact “dressed up” as questions of law.Īny error of law must have materially affected the result of the Environment Court’s decision for the High Court to grant relief. Has the Environment Court failed to take into account matters which should have been considered?.Has the Environment Court taken into account matters which should not have been taken into account?.Has the Environment Court come to a conclusion without evidence (or a conclusion which on the evidence could not reasonably have been reached)?.Has the Environment Court applied the wrong legal test?.The weight given to various relevant considerations is for it to determine and cannot be reconsidered by the High Court.Ī question of law may include the following:
The purpose of an appeal on a question of law is to determine whether the Environment Court has acted within its powers. However, a further limited right of appeal exists to the High Court on a question of law. A decision of the Environment Court is generally conclusive on matters of fact.
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