Supreme Court of Judicature Act 1969 · 2020 Revised Edition · Part 4 · Appellate Division of High Court
43. New trial
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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.
Appellate Division
“Appellate Division” means the Appellate Division of the High Court;
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.
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 —
give final judgment in respect of the unaffected part of the case or the unaffected parties to the case; and
direct a new trial in respect of the affected part of the case or the affected parties to the case.
A new trial may be ordered on any question without interfering with the finding or decision of the General Division on any other question.
General Division
“General Division” means the General Division of the High Court;