s. 13A 13A When additional Trial Division Judge must not sit S. 13A on hearing of new trial inserted by No. 12/2001 A Judge of Appeal acting as an additional Judge s. 5. of the Trial Division must not sit on the hearing of a new trial ordered by the Court if the Judge was one of the Judges that constituted the Court of Appeal that ordered the new trial. 14 Power of Court of Appeal on civil appeals No. 6387 ss 39, 40. (1) The Court of Appeal, in hearing and determining S. 14 substituted by an appeal in a proceeding in which there has been No. 109/1994 a trial by jury, may, despite any enactment or rule s. 20. 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. 15 Constitution of Court if one Judge of Appeal unable No. 6387 ss 37, 44. to continue S. 15 substituted by (1) If— No. 109/1994 s. 20. (a) after the Court of Appeal (including the Court constituted under this section) has started the hearing, or further hearing, of a proceeding; and (b) before the proceeding has been determined— one of the Judges of Appeal constituting the Court of Appeal dies, resigns as a Judge or otherwise becomes unable to continue as a member of the Court for the purposes of the proceeding, the
S. 13A inserted by No. 12/2001 s. 5. 13A When additional Trial Division Judge must not sit on hearing of new trial A Judge of Appeal acting as an additional Judge of the Trial Division must not sit on the hearing of a new trial ordered by the Court if the Judge was one of the Judges that constituted the Court of Appeal that ordered the new trial. No. 6387 ss 39, 40. S. 14 substituted by No. 109/1994 s. 20. 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. No. 6387 ss 37, 44. S. 15 substituted by No. 109/1994 s. 20. 15 Constitution of Court if one Judge of Appeal unable to continue s. 13A (1) If— (a) after the Court of Appeal (including the Court constituted under this section) has started the hearing, or further hearing, of a proceeding; and (b) before the proceeding has been determined— one of the Judges of Appeal constituting the Court of Appeal dies, resigns as a Judge or otherwise becomes unable to continue as a member of the Court for the purposes of the proceeding, the
86-110a070.docx