16New trial on ground of excessive or inadequate damages

16 New trial on ground of excessive or inadequate damages

[Section 16 Subsection (2) amended by No. 45 of 1978, s. 7 ]**[Section 16 Subsection (2) amended by No. 89 of 1986, s. 10 ]

(1)  Subject to this section, where after the commencement of this Act a new trial is ordered in an action on the ground that the verdict of the jury was against the evidence or the weight of the evidence or that the damages awarded in the action were excessive or inadequate, the respondent to the motion for the new trial is entitled to be paid from the Fund –

(a) an amount equal to the costs (if any) of the appellant in the motion for, and upon, the new trial, being costs ordered to be paid and actually paid by or on behalf of the respondent;

(b) an amount equal to the respondent's taxed costs of the motion for, and upon, the new trial, being costs that are not ordered to be paid by any other party; and

(c) where the costs referred to in paragraph (b) are taxed at the instance of the respondent, an amount equal to the costs incurred by him or on his behalf in having those costs taxed.

(2)  *[Section 16 Subsection (2) amended by No. 92 of 1974, s. 6 and Sched. 1 ]*Notwithstanding anything in subsection (1) –

(a) where the Registrar is satisfied that the respondent has unreasonably refused, or has neglected, to pay the whole or any part of the costs referred to in paragraph (a) of that subsection or that payment of those costs or of any part thereof would cause the respondent undue hardship, the Registrar may direct in writing that an amount equal to those costs or to the part of those costs not already paid by or on behalf of the respondent be paid for and on behalf of the respondent to the appellant from the Fund, and thereupon the appellant is entitled to payment from the Fund in accordance with the direction and the Fund is discharged from liability to the respondent in respect of those costs to the extent of the amount paid in accordance with the direction; and

(b) where the respondent has been ordered to pay the appellant's costs in the motion for, and upon, the new trial, the aggregate of the amounts payable from the Fund pursuant to paragraph (b) and paragraph (c) of subsection (1) shall not exceed the amount payable from the Fund pursuant to of that subsection.