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.]