“A Court of appeal can “examine anew the relevant facts and circumstances in order to exercise a discretion by way of review which may reverse or vary the order”: Evans v. Bartlam [1937] AC 473 at page 486.”
APPEAL – Exercise of Discretion – Whether the Court of Appeal can interfere with a lower court’s exercise of discretion by way of a review
APPEAL – Extension or Enlargement of Time to Appeal – Effect of an order refusing an extension of time within which to appealAPPEAL – Exercise of Discretion – Attitude of an appellate court to the exercise of discretion made by lower courts; instances where an appellate court will interfere with the exercise of discretion made by a lower court