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Merchant Shipping Act, 1951 (Act No. 57 of 1951)

Chapter VI : Special Shipping Enquiries and Courts of Enquiry and Courts of Survey

292. Appeals against decisions of courts of maritime enquiry and maritime courts

 

(1) Any person aggrieved by any decision of a court of marine enquiry or a maritime court may appeal to the High Court within the area of jurisdiction of which—
(a) in the case of a court of marine enquiry, the court was held; or
(b) in the case of a maritime court, the ship which formed the subject of investigation, or on board which the casualty or occurrence investigated by the court took place, is registered.

 

(2) An appeal to a High Court shall, if the appeal is made merely on a point of law, be heard by a judge of that court, and in every other case by a judge of that court assisted by at least one assessor acting in an advisory capacity, who shall be a person of suitable nautical, engineering or other special skill, knowledge or experience summoned by the judge for the purpose.

 

(3) The court to which the appeal is made may confirm or quash or vary the decision appealed from, or remit the case for rehearing either generally or as to any part thereof by the court from whose decision the appeal is brought, consisting (if such is practicable) of the same members who, or other members than, constituted that court when it held the investigation in the first instance.

 

(4) An appeal under this section shall be made in the manner and subject to the conditions and in accordance with the provisions laid down in the regulations.