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Wednesday, 10 November 1976


The CHAIRMAN (Mr Lucock -Is leave granted for proposed new clauses to be moved together? There being no objection, leave is granted.

Proposed new clauses agreed to.

Clause 3.

(   1 ) Section 35 of the Principal Act is repealed and the following section substituted:

"35.(1) . . .

"(4) Sub-section (3) does not allow an appeal as of right to be brought where the only ground of appeal concerns the assessment of the amount of any damages in an action for damages for death or personal injury. "(5 ) This section has effect subject to any special provision made by an Act other than this Act, whether passed before or after the commencement of this section, preventing or permitting appeals from the Supreme Courts of the States in particular matters.

Amendment (by Mr Ellicott) agreed to:

Omit sub-section (4) and substitute the following subsection: " '(4) An appeal shall not be brought from a judgment referred to in sub-section (3) on a ground that relates to the quantum of any damages in respect of death or personal injury unless the High Court has given special leave to appeal on that ground. ' '.







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