New trial
43.—(1)  Subject to this Act, the Appellate Division may order a new trial of any matter that has been tried by the General Division in the exercise of the original or appellate civil jurisdiction of the General Division.
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(2)  A new trial must not be ordered on the ground of an improper admission or rejection of evidence, unless the improper admission or rejection has caused a substantial wrong or a miscarriage of justice.
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(3)  If the substantial wrong or miscarriage of justice mentioned in subsection (2) affects only part of a case, or only one or some of the parties to the case, the Appellate Division may —
(a)give final judgment in respect of the unaffected part of the case or the unaffected parties to the case; and
(b)direct a new trial in respect of the affected part of the case or the affected parties to the case.
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(4)  A new trial may be ordered on any question without interfering with the finding or decision of the General Division on any other question.
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New trial
60A.—(1)  Subject to this Act, the Court of Appeal may order a new trial of —
(a)any matter that has been tried by the General Division in the exercise of the original or appellate civil jurisdiction of the General Division; or
(b)any matter that has been tried by the Appellate Division in the exercise of the civil jurisdiction of the Appellate Division.
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(2)  A new trial must not be ordered on the ground of an improper admission or rejection of evidence, unless the improper admission or rejection has caused a substantial wrong or a miscarriage of justice.
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(3)  If the substantial wrong or miscarriage of justice mentioned in subsection (2) affects only part of a case, or only one or some of the parties to the case, the Court of Appeal may —
(a)give final judgment in respect of the unaffected part of the case or the unaffected parties to the case; and
(b)direct a new trial in respect of the affected part of the case or the affected parties to the case.
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(4)  A new trial may be ordered on any question without interfering with the finding or decision of the General Division or the Appellate Division (as the case may be) on any other question.
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Last updated 27 Jul 2024
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