New South Wales Consolidated Acts

SUPREME COURT ACT 1970 - SECT 108

108 Nonsuit or verdict after jury trial

(1) This section applies to an appeal to the Court of Appeal in proceedings in the Court in which there has been a trial with a jury.

(2) Where it appears to the Court of Appeal that on the evidence given at the trial a verdict for the plaintiff could not be supported and that, pursuant to any provision of the rules, an order ought to have been made for the dismissal of the proceedings either wholly or so far as concerns any cause of action in the proceedings, the Court of Appeal may make an order of dismissal accordingly.

(3) Where it appears to the Court of Appeal that upon the evidence the plaintiff or the defendant is, as a matter of law, entitled to a verdict in the proceedings or on any cause of action, issue or claim for relief in the proceedings, the Court of Appeal may direct a verdict and give judgment accordingly.