Powers of the Court of Appeal

(1) The Court of Appeal may, upon any appeal preferred under section 55, affirm, vary or reverse the determination or decision of the Judge to which the appeal relates. (2) Where the Court of Appeal reverses on appeal the determination of the Election Judge under section 53, that Court shall decide whether the member whose return or election was complained of in the election petition, or any other, and if so what person, was duly returned or elected, or whether the election was void, and a certificate of such decision shall be issued by that Court. (3) The Court of Appeal may, in the case of any appeal under section 55, order that the election petition to which the appeal relates shall be tried anew in its entirety or in regard to any REVISED EDITION 2018 45 matter specified by that Court and give such directions in relation thereto as that Court may think fit. (4) The Court of Appeal may make any order which it may deem just as to the costs of the appeal and as to the costs of and incidental to the presentation of the election petition and of the proceedings consequent thereon, and may by such order reverse or vary any order as to costs made by the Election Judge. (5) The decision of the Court of Appeal on any appeal shall be final and conclusive. Governor- General of