106New trial because of subsequent matters

#### 106 New trial because of subsequent matters 106 New trial because of subsequent matters > > (1) Where, in an appeal to which this section applies, it appears to the Court of Appeal that, because of matters which have occurred since the trial, the amount of damages awarded at the trial is manifestly too high or too low, the Court of Appeal may set aside the verdict, finding, assessment or judgment and may order a new trial on the issue of damages. > > > (2) The Court of Appeal may, if satisfied that special circumstances exist which render it desirable so to do, receive evidence as to matters which have occurred since the trial and which are relevant to the exercise by the Court of Appeal of its powers under subsection (1) and may make findings of fact as to what has occurred since the trial. > > > (3) The findings of fact made under subsection (2) shall not be binding on the parties except for the purposes of orders under this section or under section 107 and for the purposes of any judgment given under section 107. > > > (4) The powers of the Court of Appeal under this section are in addition to its other powers to set aside a verdict, finding, assessment or judgment or to order a new trial on an issue of damages or otherwise. > > **ss 106–108:** Am 1989 No 226, Sch 1.