Victorian Consolidated Legislation

Supreme Court Act 1986 - SECT 14

Power of Court of Appeal on civil appeals

14. Power of Court of Appeal on civil appeals



(1) The Court of Appeal, in hearing and determining an appeal in a proceeding
in which there has been a trial by jury, may, despite any enactment or rule of
law or practice to the contrary, give any judgment on the appeal that it might
have given if the proceeding had been tried without a jury and the findings or
verdict of the jury had been the findings of the Judge.

(2) An order for a new trial of a proceeding, whether the proceeding has been
tried with a jury or without a jury, may be limited to the question of damages
only or to the question of liability only even if at the trial there was an
apportionment under the Wrongs Act 1958 or any other enactment.