New South Wales Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 51.53

51.53 Circumstances in which Court may order new trial

(cf SCR Part 51, rule 23)

(1) The Court must not order a new trial on any of the following grounds--

(a) misdirection, non-direction or other error of law,

(b) improper admission or rejection of evidence,

(c) that the verdict of the jury below was not taken on a question that the trial judge was not asked to leave to the jury,

(d) on any other ground,

unless it appears to the Court that some substantial wrong or miscarriage has been thereby occasioned.

(2) The Court may order a new trial on any question without interfering with the decision on any other question.

(3) If it appears to the Court that some ground for a new trial affects part only of the matter in controversy, or one or some only of the parties, the Court may order a new trial as to that part only, or as to that party or those parties only.

(4) If the Court makes an order under subrule (2) or (3), it may give such judgment or make such order as the nature of the case requires for the disposal of the remainder of the appeal.

(5) If the Court orders a new trial, the Court may--

(a) impose conditions on any party for the purposes of the new trial, and

(b) direct admissions to be made by any party for the purpose of the new trial, and

(c) order that the testimony of any witness examined at the former trial may be read from the transcript, instead of the witness being again examined.