33Right to have issue for trial by jury submitted to jury with a proper and complete direction

### 33 Right to have issue for trial by jury submitted to jury with a proper and complete direction > *\[Section 33 Amended by S.R. 1977, No. 150 \]* > > > (1)  Subject to the provisions of this section, and [section 50](#GS50@EN) , and the other provisions of this Act, the right of any party to an action or issue of fact, tried with a jury, to have the issue or issues of fact for trial by the jury submitted and left by the judge to the jury, with a proper and complete direction to the jury upon the law and as to the evidence applicable to each such issue of fact, may, on compliance with the [Rules of Court](/view/html/inforce/2026-04-12/sr-1976-078#) regulating the terms and conditions (as to matters subsequent to the trial) on which proceedings for such purpose shall be allowed, be enforced by a Full Court under [Part V](#HPV@EN) . > > > (2)  Any party who is dissatisfied with the direction of the judge to the jury, on the ground that the same or any part thereof was a misdirection, may before verdict deliver to the judge a written exception to the direction; and any such exception shall (unless the judge gives a further direction to the satisfaction of such party) be entered upon or annexed to the copy of the pleadings, if any, delivered for the use of the judge at the trial, or shall be otherwise kept as a record in the proceedings, as the judge may direct. > > > (3)  But, except in the cases mentioned in [subsection (8)](#GS33@Gs8@EN) , the failure of any party to take exception, as provided by [subsection (2)](#GS33@Gs2@EN) , or otherwise, to any direction of the judge to the jury on the ground that the same or any part thereof was a misdirection, shall not preclude such party from applying for a new trial or appealing to a Full Court under [Part V](#HPV@EN) , or prejudice the rights of such party on the hearing of the application for a new trial or the appeal; and if any party does except as provided by [subsection (2)](#GS33@Gs2@EN) , or otherwise, to the direction he shall not (except in the cases mentioned in [subsection (8)](#GS33@Gs8@EN) ) on an application for a new trial or on appeal under [Part V](#HPV@EN) be confined to the grounds stated in the exception. > > > (4)  If any party is dissatisfied with the direction of the judge to the jury, on the ground that the same, although not a misdirection, is not a complete direction, such party shall before verdict, either in writing or orally, request the judge to give such further direction to the jury as such party thinks should be given to them. > > > (5)  But the fact that any party has not made such request as aforesaid shall not preclude such party from applying for a new trial or appealing to a Full Court under [Part V](#HPV@EN) ; and the Full Court shall hear and determine the application or appeal, and may (subject to the provisions of [section 50](#GS50@EN) ), if it thinks fit, exercise in favour of such party any of its powers under [Part V](#HPV@EN) . > > > (6)  For the purposes of this section the direction of the judge shall be deemed to include any questions submitted by the judge to the jury, and the term > > > > > ***misdirection*** shall include such an incomplete direction as amounts to a misdirection. > > > (7)  A Full Court may, if it thinks fit, hear and determine any such proceeding as is in this section mentioned, notwithstanding that any Rule of Court has not been complied with. > > > (8)  But nothing in this section contained shall be construed as conferring on any party any right to require a Full Court to exercise in his favour any of the powers of a Full Court under [Part V](#HPV@EN) in any case in which such party has deliberately abstained from taking exception to any misdirection, or in which it appears to the Full Court that such party has, by reason of any consent or arrangement given or made at the trial or by reason of the manner in which he has presented or conducted his case at the trial, disentitled himself to require the Full Court to exercise any such power in his favour.