Appeals and Post-Judgment Review
Appeals and post-judgment review
This domain tests appellate routes, deadlines, leave requirements, standards of review, stays and fresh evidence. It also covers reconsideration and post-judgment motions.
Core rules
- A notice of appeal must be filed within a strict time limit. Final orders generally appeal as of right; interlocutory orders often require leave.
- The standard of review is deferential on findings of fact and credibility (palpable and overriding error), and correctness on extricable legal questions. Discretionary orders are reviewed for error in principle, misapprehension of evidence or injustice.
- An appeal is not a rehearing of the trial. Fresh evidence is admitted only if it could not have been obtained with reasonable diligence, is credible and would likely have affected the result.
- A stay pending appeal is discretionary and considers the merits, irreparable harm and the balance of convenience.
Worked example
An appellant challenges a trial judge's finding that a contract was formed. The finding rests on credibility and documentary evidence. The appellate court defers because there is no palpable and overriding error. If the judge had misstated the legal test for offer and acceptance, review would be correctness.
Traps
- Filing an appeal against an interlocutory order without leave.
- Missing the appeal deadline and failing to seek an extension.
- Repackaging trial arguments as fresh evidence.
- Expecting a stay automatically on filing an appeal.