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SUPREME COURT ACT 1935 - SECT 59

SUPREME COURT ACT 1935 - SECT 59

59 .         New trial etc., application for and ordering

        (1)         In any cause or matter in which a verdict has been found by a jury, or by a judge without a jury, or by referees, or by a master, or by a judge sitting with assessors, the Court of Appeal may order a new trial or reference, or vary or set aside such verdict, or reduce the damages awarded.

        (2)         Subject to the provisions of this Act, any application for a new trial may be made on any ground on which a new trial could be ordered in an action at law immediately before the commencement of this Act.

        (3)         A new trial may be ordered as to part only of any matter in controversy or as to some or one only of the parties, or as to any question or issue without disturbing any finding or decision as to any other part of the controversy or any other party, or on any question or issue, and final judgment may be given as to any such other part or party or on any such other question or issue.

        (4)         On the hearing of any such application the Court of Appeal shall have and may exercise all such powers as are exercisable by it upon the hearing of an appeal and may, if it is satisfied that it has before it all the materials necessary for finally determining the question in dispute or any of them, or for awarding any remedy or relief sought, give judgment accordingly, and for that purpose shall have and may exercise all the jurisdiction, powers, and duties of the Court, whether as to amendment or otherwise, and may draw any inference of fact not inconsistent with the findings of the jury, if any, or may, if it is of the opinion that it has not sufficient materials before it to enable it to give judgment, direct the application to stand over for further consideration, and may direct such issues or questions to be tried or determined, and such accounts and inquiries to be taken and made, as it thinks fit, or may direct judgment to be entered in accordance with the finding or determination of any issue or question directed to be tried or determined, or may give judgment, in any of the modes authorised by this Act or the rules of court.

        (5)         Notwithstanding anything contained in subsection (4), the Court of Appeal on the hearing of any application for a new trial in any case in which a verdict has been found by a jury, if it is satisfied —

            (a)         that it has before it all the facts, and that no further material evidence could be produced at another trial; and

            (b)         that the verdict was one which a jury, viewing the whole of the evidence reasonably, could not properly find —

                may enter judgment for the party for whom the verdict should have been given at the trial, and for that purpose may exercise any of its powers under subsection (4).

        (6)         Except as may be otherwise provided by the rules of court every application —

                  (i)         for a new trial; or

                  (ii)         to set aside a verdict, finding, or judgment,

                in any cause or matter where there has been a trial by a judge sitting without a jury, shall be made by way of appeal to a Court of Appeal in accordance with the rules of court.

        [Section 59 amended: No. 3 of 1982 s. 5; No. 47 of 1983 s. 13; No. 45 of 2004 s. 21 and 27.]