LEGAL PRINCIPLE: APPELLATE PRACTICE – Grounds of Appeal – Determination of Whether Ground Raises Question of Law Alone
PRINCIPLE STATEMENT
A decision on the point whether a ground of appeal raises question of law alone certainly does not depend on the label an appellant gives to the ground in question; such a question involves an examination of the ground of appeal as framed together with the particulars thereon before resolving the point at issue.
RATIO DECIDENDI (SOURCE)
"A decision on the point whether a ground of appeal raises question of law alone certainly does not depend on the label an appellant gives to the ground in question. Such a question involves an examination of the ground of appeal as framed together with the particulars thereon before resolving the point at issue."
EXPLANATION / SCOPE
Courts determine whether grounds raise pure law questions by examining substance, not labels. Appellants cannot: make grounds “legal” by labeling them so, characterize factual grounds as legal to avoid leave requirements, or control characterization through nomenclature. Courts must: read the ground as framed, examine the particulars supporting it, assess what the ground actually challenges (law application, fact-finding, or both), and independently classify the ground’s nature. This prevents: manipulation of appeal characterization, circumvention of leave requirements for factual appeals, and appellants dictating appellate procedures through labeling. The substance test requires analyzing: what must the appellate court examine to decide this ground? does it require reviewing evidence and fact-finding (fact/mixed)? or only examining legal principles’ application to established facts (pure law)? This ensures: proper procedural requirements apply (leave needed for fact/mixed grounds in certain appeals), and appellate jurisdiction is properly invoked based on actual ground nature.