AH1890 - Special Commissioners: Appeals to The High Court: Courts’ powers in relation to postponement applications

The High Court, or the Court of Appeal, shall hear and determine any question of law arising on a postponement application considered by the Commissioners and may

• reverse, affirm or vary the decision of the Special Commissioners, or
• remit the matter to the Special Commissioners with the Court’s opinion on it, or
• make such other order in relation to the matter as the Court thinks fit.

Cases are most often remitted back to the Commissioners to find out further facts but the Court may also remit a postponement application back to the Commissioners where there has been a failure by the Commissioners to perform another function entrusted to them, for example failure to deal with a substantial argument presented to them (see Williams v Pumahaven).