71J. (1) The applicant concerned or the Minister, where he or she is dissatisfied with a determination or with a part of such a determination relating to a particular income loss, non-income loss or type of cost to which the application concerned relates, may, not later than 3 months from the date on which he or she receives the notice referred to in section 71I, appeal the determination, or the part of the determination, as the case may be, to the High Court.

(2)  An appeal shall be commenced by motion on notice grounded on affidavit.

(3)  In any appeal—

(a) where the appeal is by the applicant, the Minister shall be the respondent,

(b) where the appeal is by the Minister, the applicant shall be the respondent, and

(c) each party shall be entitled to be heard and to adduce evidence at the hearing of the appeal.

(4)  The High Court shall give such directions and make such orders for the conduct of an appeal as it considers appropriate for the purpose of determining the proceedings in a manner which is just and expeditious.

(5)  Following consideration of an appeal, the High Court may by order—

(a) affirm the determination or part of the determination, as the case may be, or

(b) subject to subsection (6)—

(i) vary the determination or part of the determination,

(ii) set aside the determination or part of the determination and remit it, for stated reasons, to the Minister, or

(iii) where the Court considers it appropriate to do so, by reference to submissions, documents or evidence before it which were not examined by the assessor in his or her consideration of the application concerned or for other good reason, substitute its determination for the determination or part of the determination.

(6)  The High Court shall make an order under subsection (5)(b) only where it is satisfied, taking into account the degree of expertise and specialist knowledge possessed by the assessor and taking the process as a whole, that—

(a) a serious and significant error or a series of such errors was made in making the determination or part of the determination the subject of the appeal, or

(b) the determination or part of the determination was made without complying with fair procedures.]