SUPREME COURT ACT 1970 - SECT 106
New trial because of subsequent matters
SUPREME COURT ACT 1970 - SECT 106
New trial because of subsequent matters
106 New trial because of subsequent matters
(1) Where, in an appeal to which this section applies, it appears to the Court
of Appeal that, because of matters which have occurred since the trial, the
amount of damages awarded at the trial is manifestly too high or too low, the
Court of Appeal may set aside the verdict, finding, assessment or judgment and
may order a new trial on the issue of damages.
(2) The Court of Appeal may,
if satisfied that special circumstances exist which render it desirable so to
do, receive evidence as to matters which have occurred since the trial and
which are relevant to the exercise by the Court of Appeal of its powers under
subsection (1) and may make findings of fact as to what has occurred since the
trial.
(3) The findings of fact made under subsection (2) shall not be
binding on the parties except for the purposes of orders under this section or
under section 107 and for the purposes of any judgment given under
section 107.
(4) The powers of the Court of Appeal under this section are in
addition to its other powers to set aside a verdict, finding, assessment or
judgment or to order a new trial on an issue of damages or otherwise.
