39Applications for new trial or to set aside verdict, &c.

### 39 Applications for new trial or to set aside verdict, &c. > *\[Section 39 Amended by S.R. 1977, No. 150 \]* > > > (1)  Subject to the provisions of this Act, a Full Court shall have jurisdiction to hear and determine applications – > > > > > > (a) for a new trial; or > > > > > > > (b) to set aside any verdict, finding, or judgment – > > > > in any cause or matter tried by or before a judge, but every such application shall be subject to any Rules of Court regulating the terms and conditions (as to matters subsequent to the trial) on which such applications may be made. > > > (2)  A Full Court may, if it thinks fit, hear and determine any such application notwithstanding that any such Rule of Court has not been complied with. > > > (3)  Subject to the provisions of this Act, any application for a new trial may be made on any ground on which a new trial could be ordered in an action at law immediately before the commencement of the [Legal Procedure Act 1903](/view/html/inforce/2026-04-12/act-9999-999) . > > > (4)  A new trial may be ordered as to part only of any matter in controversy or as to some or one only of the parties, or as to any question or issue without disturbing any finding or decision as to any other part of the controversy or any other party, or on any other question or issue, and final judgment may be given as to any such other part or party or on any such other question or issue. > > > (5)  – > > > > > > (a) On the hearing of any such application the Full Court shall have and may exercise all such powers as are exercisable by it upon the hearing of an appeal and may, if it is satisfied that it has before it all the materials necessary for finally determining the questions in dispute or any of them, or for awarding any remedy or relief sought, give judgment accordingly, and for that purpose shall have and may exercise all the jurisdiction, powers, and duties of the Court, whether as to amendment or otherwise, and may draw any inference of fact not inconsistent with the findings of the jury, if any, or may, if it is of the opinion that it has not sufficient materials before it to enable it to give judgment, direct the application to stand over for further consideration, and may direct such issues or questions to be tried or determined, and such accounts and inquiries to be taken and made, as it thinks fit, or may direct judgment to be entered in accordance with the finding or determination of any issue or question directed to be tried or determined, or may give judgment subject to the assessment of any damages, in any of the modes authorized by this Act or the [Rules of Court](/view/html/inforce/2026-04-12/sr-1976-078#) ; > > > > > > > (b) Notwithstanding anything contained in [paragraph (a)](#GS39@Gs5@Hpa@EN) of this subsection a Full Court on the hearing of any application for a new trial in any case in which a verdict has been found by a jury, if it is satisfied – > > > > > > > > > > (i) that it has before it all the facts, and that no further material evidence could be produced at another trial; and > > > > > > > > > > > (ii) that the verdict was one which a jury, viewing the whole of the evidence reasonably, could not properly find – > > > > > > > > shall enter judgment for the party for whom the verdict should have been given at the trial, and for that purpose may exercise any of its powers under [paragraph (a)](#GS39@Gs5@Hpa@EN) ; > > > > > > > (c) Provided that if a Full Court, in the exercise of the powers conferred by [paragraph (a)](#GS39@Gs5@Hpa@EN) or [paragraph (b)](#GS39@Gs5@Hpb@EN) , gives or enters judgment for a party in any cause or matter which has been tried by a jury, and any damages have to be assessed, any party interested in the assessment of the damages may require the same to be assessed by a jury. > > > (6)  Except as may be otherwise provided by the [Rules of Court](/view/html/inforce/2026-04-12/sr-1976-078#) every application – > > > > > > (a) for a new trial; or > > > > > > > (b) to set aside a verdict, finding, or judgment – > > > > in any cause or matter where there has been a trial by a judge sitting without a jury, shall be made by way of appeal to a Full Court in accordance with the [Rules of Court](/view/html/inforce/2026-04-12/sr-1976-078#) relating to appeals from a judge to a Full Court.