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Appeal to High Court
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52. (1) Any person the subject of a decision under section 50 may, not later than 30 days beginning on the date the registered person receives notice of that decision, appeal to the Court against the decision.
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(2) The Court may, for the purpose of ensuring the efficient, fair and timely determination of an appeal, issue directions in respect of the conduct of the appeal.
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(3) The Court shall dismiss an appeal if it is of the opinion that the appeal is vexatious, frivolous, an abuse of process or without substance or foundation.
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(4) The Court may, on the hearing of an appeal under subsection (1), consider—
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(a) whether the appeals committee in making its decision committed a serious or significant error of law or fact, or a series of minor errors of law or fact which when taken together amount to a serious or significant error,
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(b) whether the appeals committee complied with fair procedures in making its decision, and
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(c) whether the sanction upheld or imposed by the appeals committee was appropriate and proportionate.
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(5) In considering an appeal, the Court—
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(a) shall have regard to the record of the decision the subject of the appeal, and
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(b) may, where it considers it necessary or expedient for the fair and proper determination of the appeal, have regard to any submissions, documents or evidence adduced by a party to an appeal whether or not already adduced or contained in the record of the decision as the Court considers appropriate.
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(6) The Court may, on the hearing of an appeal under subsection (1)—
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(a) confirm the decision the subject of the appeal, or
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(b) where it is satisfied by reference to the grounds of appeal that a serious or significant error of law or fact, or a series of minor errors of law or fact which when taken together amount to a serious or significant error, was made in making the decision the subject of the appeal or that the decision was made without complying with fair procedures—
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(i) annul the decision and substitute such other decision as the Court considers appropriate, or
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(ii) remit the matter to the appeals committee for reconsideration and the making of a new decision, with or without directions as the Court considers appropriate including whether the matter should be reconsidered by another constitution of the appeals committee.
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(7) A registered person shall, when making an appeal under this section, comply with the requirements of this section and any applicable rules of court made thereunder and where a registered person does not so comply, the appeal shall be invalid and shall not be considered.
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(8) In this section “Court” means the High Court.
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